Parliament - Notes | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


Parliament: 
Parliament is the highest law making body in the country. In addi8on to its legisla8ve 
func8on, it keeps a check on the func8oning of the government and passes the country’s 
budget. As a representa8ve ins8tu8on, it also highlights important issues being faced by 
the people. The Parliament stands at the core of the ins8tu8onal arrangement envisaged 
by the Cons8tu8on of India to ensure a democra8c polity in the country.  
The Indian Parliament consists of the President of India and two Houses: the Rajya 
Sabha (the Council of States) and the Lok Sabha (the House of the People). M.R. 
Madhavan points out that the two Houses are formed on di?erent principles, and their 
roles and powers have some key di?erences. The division between the two houses is 
also commemora8ve of the federal character of the Indian parliamentary democracy.  
In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of 
States and the House of People respec8vely. The Rajya Sabha is the Upper House 
(Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First 
Chamber or Popular House). The former represents the states and union territories of 
the Indian Union, while the laSer represents the people of India as a whole.  
Though the President of India is not a member of either House of Parliament and does 
not sit in the Parliament to aSend its mee8ngs, he is an integral part of the Parliament. 
This is because a bill passed by both the Houses of Parliament cannot become law 
without the President’s assent. He also performs certain func8ons rela8ng to the 
proceedings of the Parliament, for example, he summons and pro-rogues both the 
Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when 
they are not in session, and so on.   
Modelled on the paSern of the Bri8sh Parliament, with substan8ve modi?ca8ons, the 
Indian Parliament is placed in such a way in the polity of the country that no ins8tu8on 
or func8on of the government stands in a posi8on of non-aSachment with it. In fact, 
represen8ng the will of the people through their representa8ves, the Parliament is 
des8ned to govern the basic norms of func8oning of various other ins8tu8ons, in 
addi8on to exercising the control over the execu8ve to ensure its accountability.  The 
parliamentary form of government emphasises on the interdependence between the 
legisla8ve and execu8ve organs. Hence, we have the ‘President- in-Parliament’ like the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Page 2


Parliament: 
Parliament is the highest law making body in the country. In addi8on to its legisla8ve 
func8on, it keeps a check on the func8oning of the government and passes the country’s 
budget. As a representa8ve ins8tu8on, it also highlights important issues being faced by 
the people. The Parliament stands at the core of the ins8tu8onal arrangement envisaged 
by the Cons8tu8on of India to ensure a democra8c polity in the country.  
The Indian Parliament consists of the President of India and two Houses: the Rajya 
Sabha (the Council of States) and the Lok Sabha (the House of the People). M.R. 
Madhavan points out that the two Houses are formed on di?erent principles, and their 
roles and powers have some key di?erences. The division between the two houses is 
also commemora8ve of the federal character of the Indian parliamentary democracy.  
In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of 
States and the House of People respec8vely. The Rajya Sabha is the Upper House 
(Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First 
Chamber or Popular House). The former represents the states and union territories of 
the Indian Union, while the laSer represents the people of India as a whole.  
Though the President of India is not a member of either House of Parliament and does 
not sit in the Parliament to aSend its mee8ngs, he is an integral part of the Parliament. 
This is because a bill passed by both the Houses of Parliament cannot become law 
without the President’s assent. He also performs certain func8ons rela8ng to the 
proceedings of the Parliament, for example, he summons and pro-rogues both the 
Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when 
they are not in session, and so on.   
Modelled on the paSern of the Bri8sh Parliament, with substan8ve modi?ca8ons, the 
Indian Parliament is placed in such a way in the polity of the country that no ins8tu8on 
or func8on of the government stands in a posi8on of non-aSachment with it. In fact, 
represen8ng the will of the people through their representa8ves, the Parliament is 
des8ned to govern the basic norms of func8oning of various other ins8tu8ons, in 
addi8on to exercising the control over the execu8ve to ensure its accountability.  The 
parliamentary form of government emphasises on the interdependence between the 
legisla8ve and execu8ve organs. Hence, we have the ‘President- in-Parliament’ like the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
‘Crown-in-Parliament’ in Britain. The presiden8al form of government, on the other hand, 
lays stress on the separa8on of legisla8ve and execu8ve organs.  
Reasons for adop2ng a Parliamentary model of Government: 
According to Biyut Chakravarty, the mo8va8ons for the choice of a parliamentary system 
of governance over the presiden8al one were embedded not only in the oX-repeated 
argument of the previous experience of the Indians in running the governmental system 
based on parliamentary model and stress on ‘responsibility and accountability’ but also in 
the interest of the impera8ves of future Indian polity which were to be met by the 
ins8tu8on of the Parliament. 
First, as Aus8n pointed out, the framers sought to achieve the objec8ve of unity in the 
country through the mechanism of popular government by uni8ng Indians into one mass 
electorate having universal adult su?rage, and by providing for the direct representa8on 
of the voters in genuinely popular assemblies, the culmina8on of which are to be found 
in the Parliament.   
Second, the parliamentary system appeared to be the thing that could have 
accommodated all sorts of impera8ves bothering the Cons8tu8on-makers on the eve of 
Independence. Hence, keeping the Parliament in the central posi8on, the framers 
devised such a hybrid system of governance which included those valuable virtues of all 
the exis8ng systems of governance that were found propi8ous to ?t into the bill of India 
as a sovereign, democra8c, federal, republic, embarking on the path of socio-economic 
and poli8cal reconstruc8on of the country.  
Last, the ins8tu8on of Parliament was probably the only opera8onal guarantee which the 
framers could think of, to ensure the unscathed func8oning of federalism in the country 
by bringing about a harmonious co-existence of the Centre as well as the states under 
the overall rubric of the Union of India.  
Parliamentary Supremacy: 
In marked dis8nc8on with the Bri8sh Parliament, the Parliament in India has not been 
made the supreme insofar as the governance of the country is concerned. Set to 
func8on within the bounds of a wriSen Cons8tu8on, considered to be the lengthiest in 
the world, the func8onal domain of the Parliament is circumscribed by the federal nature 
of the polity as well as the existence of an independent Supreme Court to act as the 
guardian and protector of the Cons8tu8on.  
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Page 3


Parliament: 
Parliament is the highest law making body in the country. In addi8on to its legisla8ve 
func8on, it keeps a check on the func8oning of the government and passes the country’s 
budget. As a representa8ve ins8tu8on, it also highlights important issues being faced by 
the people. The Parliament stands at the core of the ins8tu8onal arrangement envisaged 
by the Cons8tu8on of India to ensure a democra8c polity in the country.  
The Indian Parliament consists of the President of India and two Houses: the Rajya 
Sabha (the Council of States) and the Lok Sabha (the House of the People). M.R. 
Madhavan points out that the two Houses are formed on di?erent principles, and their 
roles and powers have some key di?erences. The division between the two houses is 
also commemora8ve of the federal character of the Indian parliamentary democracy.  
In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of 
States and the House of People respec8vely. The Rajya Sabha is the Upper House 
(Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First 
Chamber or Popular House). The former represents the states and union territories of 
the Indian Union, while the laSer represents the people of India as a whole.  
Though the President of India is not a member of either House of Parliament and does 
not sit in the Parliament to aSend its mee8ngs, he is an integral part of the Parliament. 
This is because a bill passed by both the Houses of Parliament cannot become law 
without the President’s assent. He also performs certain func8ons rela8ng to the 
proceedings of the Parliament, for example, he summons and pro-rogues both the 
Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when 
they are not in session, and so on.   
Modelled on the paSern of the Bri8sh Parliament, with substan8ve modi?ca8ons, the 
Indian Parliament is placed in such a way in the polity of the country that no ins8tu8on 
or func8on of the government stands in a posi8on of non-aSachment with it. In fact, 
represen8ng the will of the people through their representa8ves, the Parliament is 
des8ned to govern the basic norms of func8oning of various other ins8tu8ons, in 
addi8on to exercising the control over the execu8ve to ensure its accountability.  The 
parliamentary form of government emphasises on the interdependence between the 
legisla8ve and execu8ve organs. Hence, we have the ‘President- in-Parliament’ like the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
‘Crown-in-Parliament’ in Britain. The presiden8al form of government, on the other hand, 
lays stress on the separa8on of legisla8ve and execu8ve organs.  
Reasons for adop2ng a Parliamentary model of Government: 
According to Biyut Chakravarty, the mo8va8ons for the choice of a parliamentary system 
of governance over the presiden8al one were embedded not only in the oX-repeated 
argument of the previous experience of the Indians in running the governmental system 
based on parliamentary model and stress on ‘responsibility and accountability’ but also in 
the interest of the impera8ves of future Indian polity which were to be met by the 
ins8tu8on of the Parliament. 
First, as Aus8n pointed out, the framers sought to achieve the objec8ve of unity in the 
country through the mechanism of popular government by uni8ng Indians into one mass 
electorate having universal adult su?rage, and by providing for the direct representa8on 
of the voters in genuinely popular assemblies, the culmina8on of which are to be found 
in the Parliament.   
Second, the parliamentary system appeared to be the thing that could have 
accommodated all sorts of impera8ves bothering the Cons8tu8on-makers on the eve of 
Independence. Hence, keeping the Parliament in the central posi8on, the framers 
devised such a hybrid system of governance which included those valuable virtues of all 
the exis8ng systems of governance that were found propi8ous to ?t into the bill of India 
as a sovereign, democra8c, federal, republic, embarking on the path of socio-economic 
and poli8cal reconstruc8on of the country.  
Last, the ins8tu8on of Parliament was probably the only opera8onal guarantee which the 
framers could think of, to ensure the unscathed func8oning of federalism in the country 
by bringing about a harmonious co-existence of the Centre as well as the states under 
the overall rubric of the Union of India.  
Parliamentary Supremacy: 
In marked dis8nc8on with the Bri8sh Parliament, the Parliament in India has not been 
made the supreme insofar as the governance of the country is concerned. Set to 
func8on within the bounds of a wriSen Cons8tu8on, considered to be the lengthiest in 
the world, the func8onal domain of the Parliament is circumscribed by the federal nature 
of the polity as well as the existence of an independent Supreme Court to act as the 
guardian and protector of the Cons8tu8on.  
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
In fact, cons8tu8onally, the sovereignty of the na8on lay in the people who, by adop8ng 
a wriSen Cons8tu8on for them, have permanently obtained the guiding principles of the 
government which can be altered only by the people themselves through mechanisms 
like referendum, and so on, not by the representa8ve bodies like the Parliament. Thus, 
dives8ng the Parliament of the supremacy, the framers made the Cons8tu8on as the 
supreme law of the land.  
Composi2on of the Parliament: 
Ar8cles 79 to 122 in Part V of the Cons8tu8on deal with the organisa8on, composi8on, 
dura8on, o?cers, procedures, privileges, powers and so on of the Parliament. The 
maximum strength of the Rajya Sabha is ?xed at 250, out of which, 238 are to be the  
representa8ves of the states and union territories (elected indirectly) and 12 are 
nominated by the president.  
At present, the Rajya Sabha has 245 members. Of these, 229 members represent the 
states, 4 members represent the union territories and 12 members are nominated by the 
president. The Fourth Schedule of the Cons8tu8on deals with the alloca8on of seats in 
the Rajya Sabha to the states and union territories .  
The members of the Rajya Sabha are elected on the basis of a single transferable vote by 
the elected members of the State Legisla8ve Assembly. Unlike the United States Senate, 
the States do not have equal representa8on. The number of seats is speci?ed in the 
Fourth Schedule, and is based on the popula8on of each State, with a higher weightage 
given to smaller States.  
In 1956, the Seventh Amendment abolished the classi?ca8on of States into three 
categories. It reorganised India into various States and Union Territories. It also amended 
the Fourth Schedule keeping the same formula but upda8ng it with the data from the 
1951 census. The president nominates 12 members to the Rajya Sabha from people who 
have special knowledge or prac8cal experience in art, literature, science and social 
service. The ra8onale behind this principle of nomina8on is to provide eminent persons a 
place in the Rajya Sabha without going through the process of elec8on. It should be 
noted here that the American Senate has no nominated members.  
The Rajya Sabha (?rst cons8tuted in 1952) is a con8nuing chamber, that is, it is a 
permanent body and not subject to dissolu8on. However, one-third of its members re8re 
every second year. Their seats are ?lled up by fresh elec8ons and presiden8al 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Page 4


Parliament: 
Parliament is the highest law making body in the country. In addi8on to its legisla8ve 
func8on, it keeps a check on the func8oning of the government and passes the country’s 
budget. As a representa8ve ins8tu8on, it also highlights important issues being faced by 
the people. The Parliament stands at the core of the ins8tu8onal arrangement envisaged 
by the Cons8tu8on of India to ensure a democra8c polity in the country.  
The Indian Parliament consists of the President of India and two Houses: the Rajya 
Sabha (the Council of States) and the Lok Sabha (the House of the People). M.R. 
Madhavan points out that the two Houses are formed on di?erent principles, and their 
roles and powers have some key di?erences. The division between the two houses is 
also commemora8ve of the federal character of the Indian parliamentary democracy.  
In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of 
States and the House of People respec8vely. The Rajya Sabha is the Upper House 
(Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First 
Chamber or Popular House). The former represents the states and union territories of 
the Indian Union, while the laSer represents the people of India as a whole.  
Though the President of India is not a member of either House of Parliament and does 
not sit in the Parliament to aSend its mee8ngs, he is an integral part of the Parliament. 
This is because a bill passed by both the Houses of Parliament cannot become law 
without the President’s assent. He also performs certain func8ons rela8ng to the 
proceedings of the Parliament, for example, he summons and pro-rogues both the 
Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when 
they are not in session, and so on.   
Modelled on the paSern of the Bri8sh Parliament, with substan8ve modi?ca8ons, the 
Indian Parliament is placed in such a way in the polity of the country that no ins8tu8on 
or func8on of the government stands in a posi8on of non-aSachment with it. In fact, 
represen8ng the will of the people through their representa8ves, the Parliament is 
des8ned to govern the basic norms of func8oning of various other ins8tu8ons, in 
addi8on to exercising the control over the execu8ve to ensure its accountability.  The 
parliamentary form of government emphasises on the interdependence between the 
legisla8ve and execu8ve organs. Hence, we have the ‘President- in-Parliament’ like the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
‘Crown-in-Parliament’ in Britain. The presiden8al form of government, on the other hand, 
lays stress on the separa8on of legisla8ve and execu8ve organs.  
Reasons for adop2ng a Parliamentary model of Government: 
According to Biyut Chakravarty, the mo8va8ons for the choice of a parliamentary system 
of governance over the presiden8al one were embedded not only in the oX-repeated 
argument of the previous experience of the Indians in running the governmental system 
based on parliamentary model and stress on ‘responsibility and accountability’ but also in 
the interest of the impera8ves of future Indian polity which were to be met by the 
ins8tu8on of the Parliament. 
First, as Aus8n pointed out, the framers sought to achieve the objec8ve of unity in the 
country through the mechanism of popular government by uni8ng Indians into one mass 
electorate having universal adult su?rage, and by providing for the direct representa8on 
of the voters in genuinely popular assemblies, the culmina8on of which are to be found 
in the Parliament.   
Second, the parliamentary system appeared to be the thing that could have 
accommodated all sorts of impera8ves bothering the Cons8tu8on-makers on the eve of 
Independence. Hence, keeping the Parliament in the central posi8on, the framers 
devised such a hybrid system of governance which included those valuable virtues of all 
the exis8ng systems of governance that were found propi8ous to ?t into the bill of India 
as a sovereign, democra8c, federal, republic, embarking on the path of socio-economic 
and poli8cal reconstruc8on of the country.  
Last, the ins8tu8on of Parliament was probably the only opera8onal guarantee which the 
framers could think of, to ensure the unscathed func8oning of federalism in the country 
by bringing about a harmonious co-existence of the Centre as well as the states under 
the overall rubric of the Union of India.  
Parliamentary Supremacy: 
In marked dis8nc8on with the Bri8sh Parliament, the Parliament in India has not been 
made the supreme insofar as the governance of the country is concerned. Set to 
func8on within the bounds of a wriSen Cons8tu8on, considered to be the lengthiest in 
the world, the func8onal domain of the Parliament is circumscribed by the federal nature 
of the polity as well as the existence of an independent Supreme Court to act as the 
guardian and protector of the Cons8tu8on.  
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
In fact, cons8tu8onally, the sovereignty of the na8on lay in the people who, by adop8ng 
a wriSen Cons8tu8on for them, have permanently obtained the guiding principles of the 
government which can be altered only by the people themselves through mechanisms 
like referendum, and so on, not by the representa8ve bodies like the Parliament. Thus, 
dives8ng the Parliament of the supremacy, the framers made the Cons8tu8on as the 
supreme law of the land.  
Composi2on of the Parliament: 
Ar8cles 79 to 122 in Part V of the Cons8tu8on deal with the organisa8on, composi8on, 
dura8on, o?cers, procedures, privileges, powers and so on of the Parliament. The 
maximum strength of the Rajya Sabha is ?xed at 250, out of which, 238 are to be the  
representa8ves of the states and union territories (elected indirectly) and 12 are 
nominated by the president.  
At present, the Rajya Sabha has 245 members. Of these, 229 members represent the 
states, 4 members represent the union territories and 12 members are nominated by the 
president. The Fourth Schedule of the Cons8tu8on deals with the alloca8on of seats in 
the Rajya Sabha to the states and union territories .  
The members of the Rajya Sabha are elected on the basis of a single transferable vote by 
the elected members of the State Legisla8ve Assembly. Unlike the United States Senate, 
the States do not have equal representa8on. The number of seats is speci?ed in the 
Fourth Schedule, and is based on the popula8on of each State, with a higher weightage 
given to smaller States.  
In 1956, the Seventh Amendment abolished the classi?ca8on of States into three 
categories. It reorganised India into various States and Union Territories. It also amended 
the Fourth Schedule keeping the same formula but upda8ng it with the data from the 
1951 census. The president nominates 12 members to the Rajya Sabha from people who 
have special knowledge or prac8cal experience in art, literature, science and social 
service. The ra8onale behind this principle of nomina8on is to provide eminent persons a 
place in the Rajya Sabha without going through the process of elec8on. It should be 
noted here that the American Senate has no nominated members.  
The Rajya Sabha (?rst cons8tuted in 1952) is a con8nuing chamber, that is, it is a 
permanent body and not subject to dissolu8on. However, one-third of its members re8re 
every second year. Their seats are ?lled up by fresh elec8ons and presiden8al 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
nomina8ons at the beginning of every third year. The re8ring members are eligible for re-
elec8on and renomina8on any number of 8mes. The Cons8tu8on has not ?xed the term 
of o?ce of members of the Rajya Sabha and leX it to the Parliament. Accordingly, the 
Parliament in the Representa8on of the People Act (1951) provided that the term of 
o?ce of a member of the Rajya Sabha shall be six years.  
In the Lok Sabha, members are elected from territorial cons8tuencies through direct 
elec8on. The Cons8tu8on ini8ally provided that the ra8o between the number of 
members in each cons8tuency and the popula8on of the cons8tuency should be the 
same across all cons8tuencies, to the extent prac8cable. The Seventh Amendment 
(1956) changed this to state that (a) the number of seats allocated to a State should be in 
propor8on to its popula8on; and (b) the ra8o of seats in a cons8tuency and the number 
of members should be constant within each State to the extent prac8cable.  
The Cons8tu8on also provides that territorial cons8tuencies should be adjusted aXer 
every census. This was undertaken un8l 1972 (using the 1971 census). In 1976, the 
Cons8tu8on was amended such that there would be no further adjustment un8l the ?rst 
census aXer the year 2000. The Cons8tu8on was again amended in a way that un8l the 
?rst census aXer 2026, there would be no change in inter- State distribu8on of seats. 
Also intra-State adjustments will be made based on the 2001 census, which would also 
not be altered un8l the ?rst census aXer 2026. According to Madhavan, the reason for 
these changes was ‘to boost family planning norms’ and work ‘as a mo8va8onal measure 
to enable the State Government  to pursue the agenda for popula8on stabilisa8on’. 
The maximum strength of the Lok Sabha is ?xed at 552. Out of this, 530 members are to 
be the representa8ves of the states, 20 members are to be the representa8ves of the 
union territories and 2 members are to be nominated by the president from the Anglo-
Indian community. At present, the Lok Sabha has 545 members. Of these, 530 members 
represent the states, 13 members represent the union territories and 2 Anglo- Indian 
members are nominated by the President.  
Every Indian ci8zen who is above 18 years of age and who is not disquali?ed under the 
provisions of the Cons8tu8on or any law is eligible to vote at such elec8on. The vo8ng 
age was reduced from 21 to 18 years by the 61st Cons8tu8onal Amendment Act, 1988. 
Though the Cons8tu8on has abandoned the system of communal representa8on, it 
provides for the reserva8on of seats for scheduled castes and scheduled tribes in the Lok 
Sabha on the basis of popula8on ra8os 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Page 5


Parliament: 
Parliament is the highest law making body in the country. In addi8on to its legisla8ve 
func8on, it keeps a check on the func8oning of the government and passes the country’s 
budget. As a representa8ve ins8tu8on, it also highlights important issues being faced by 
the people. The Parliament stands at the core of the ins8tu8onal arrangement envisaged 
by the Cons8tu8on of India to ensure a democra8c polity in the country.  
The Indian Parliament consists of the President of India and two Houses: the Rajya 
Sabha (the Council of States) and the Lok Sabha (the House of the People). M.R. 
Madhavan points out that the two Houses are formed on di?erent principles, and their 
roles and powers have some key di?erences. The division between the two houses is 
also commemora8ve of the federal character of the Indian parliamentary democracy.  
In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of 
States and the House of People respec8vely. The Rajya Sabha is the Upper House 
(Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First 
Chamber or Popular House). The former represents the states and union territories of 
the Indian Union, while the laSer represents the people of India as a whole.  
Though the President of India is not a member of either House of Parliament and does 
not sit in the Parliament to aSend its mee8ngs, he is an integral part of the Parliament. 
This is because a bill passed by both the Houses of Parliament cannot become law 
without the President’s assent. He also performs certain func8ons rela8ng to the 
proceedings of the Parliament, for example, he summons and pro-rogues both the 
Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when 
they are not in session, and so on.   
Modelled on the paSern of the Bri8sh Parliament, with substan8ve modi?ca8ons, the 
Indian Parliament is placed in such a way in the polity of the country that no ins8tu8on 
or func8on of the government stands in a posi8on of non-aSachment with it. In fact, 
represen8ng the will of the people through their representa8ves, the Parliament is 
des8ned to govern the basic norms of func8oning of various other ins8tu8ons, in 
addi8on to exercising the control over the execu8ve to ensure its accountability.  The 
parliamentary form of government emphasises on the interdependence between the 
legisla8ve and execu8ve organs. Hence, we have the ‘President- in-Parliament’ like the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
‘Crown-in-Parliament’ in Britain. The presiden8al form of government, on the other hand, 
lays stress on the separa8on of legisla8ve and execu8ve organs.  
Reasons for adop2ng a Parliamentary model of Government: 
According to Biyut Chakravarty, the mo8va8ons for the choice of a parliamentary system 
of governance over the presiden8al one were embedded not only in the oX-repeated 
argument of the previous experience of the Indians in running the governmental system 
based on parliamentary model and stress on ‘responsibility and accountability’ but also in 
the interest of the impera8ves of future Indian polity which were to be met by the 
ins8tu8on of the Parliament. 
First, as Aus8n pointed out, the framers sought to achieve the objec8ve of unity in the 
country through the mechanism of popular government by uni8ng Indians into one mass 
electorate having universal adult su?rage, and by providing for the direct representa8on 
of the voters in genuinely popular assemblies, the culmina8on of which are to be found 
in the Parliament.   
Second, the parliamentary system appeared to be the thing that could have 
accommodated all sorts of impera8ves bothering the Cons8tu8on-makers on the eve of 
Independence. Hence, keeping the Parliament in the central posi8on, the framers 
devised such a hybrid system of governance which included those valuable virtues of all 
the exis8ng systems of governance that were found propi8ous to ?t into the bill of India 
as a sovereign, democra8c, federal, republic, embarking on the path of socio-economic 
and poli8cal reconstruc8on of the country.  
Last, the ins8tu8on of Parliament was probably the only opera8onal guarantee which the 
framers could think of, to ensure the unscathed func8oning of federalism in the country 
by bringing about a harmonious co-existence of the Centre as well as the states under 
the overall rubric of the Union of India.  
Parliamentary Supremacy: 
In marked dis8nc8on with the Bri8sh Parliament, the Parliament in India has not been 
made the supreme insofar as the governance of the country is concerned. Set to 
func8on within the bounds of a wriSen Cons8tu8on, considered to be the lengthiest in 
the world, the func8onal domain of the Parliament is circumscribed by the federal nature 
of the polity as well as the existence of an independent Supreme Court to act as the 
guardian and protector of the Cons8tu8on.  
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In fact, cons8tu8onally, the sovereignty of the na8on lay in the people who, by adop8ng 
a wriSen Cons8tu8on for them, have permanently obtained the guiding principles of the 
government which can be altered only by the people themselves through mechanisms 
like referendum, and so on, not by the representa8ve bodies like the Parliament. Thus, 
dives8ng the Parliament of the supremacy, the framers made the Cons8tu8on as the 
supreme law of the land.  
Composi2on of the Parliament: 
Ar8cles 79 to 122 in Part V of the Cons8tu8on deal with the organisa8on, composi8on, 
dura8on, o?cers, procedures, privileges, powers and so on of the Parliament. The 
maximum strength of the Rajya Sabha is ?xed at 250, out of which, 238 are to be the  
representa8ves of the states and union territories (elected indirectly) and 12 are 
nominated by the president.  
At present, the Rajya Sabha has 245 members. Of these, 229 members represent the 
states, 4 members represent the union territories and 12 members are nominated by the 
president. The Fourth Schedule of the Cons8tu8on deals with the alloca8on of seats in 
the Rajya Sabha to the states and union territories .  
The members of the Rajya Sabha are elected on the basis of a single transferable vote by 
the elected members of the State Legisla8ve Assembly. Unlike the United States Senate, 
the States do not have equal representa8on. The number of seats is speci?ed in the 
Fourth Schedule, and is based on the popula8on of each State, with a higher weightage 
given to smaller States.  
In 1956, the Seventh Amendment abolished the classi?ca8on of States into three 
categories. It reorganised India into various States and Union Territories. It also amended 
the Fourth Schedule keeping the same formula but upda8ng it with the data from the 
1951 census. The president nominates 12 members to the Rajya Sabha from people who 
have special knowledge or prac8cal experience in art, literature, science and social 
service. The ra8onale behind this principle of nomina8on is to provide eminent persons a 
place in the Rajya Sabha without going through the process of elec8on. It should be 
noted here that the American Senate has no nominated members.  
The Rajya Sabha (?rst cons8tuted in 1952) is a con8nuing chamber, that is, it is a 
permanent body and not subject to dissolu8on. However, one-third of its members re8re 
every second year. Their seats are ?lled up by fresh elec8ons and presiden8al 
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nomina8ons at the beginning of every third year. The re8ring members are eligible for re-
elec8on and renomina8on any number of 8mes. The Cons8tu8on has not ?xed the term 
of o?ce of members of the Rajya Sabha and leX it to the Parliament. Accordingly, the 
Parliament in the Representa8on of the People Act (1951) provided that the term of 
o?ce of a member of the Rajya Sabha shall be six years.  
In the Lok Sabha, members are elected from territorial cons8tuencies through direct 
elec8on. The Cons8tu8on ini8ally provided that the ra8o between the number of 
members in each cons8tuency and the popula8on of the cons8tuency should be the 
same across all cons8tuencies, to the extent prac8cable. The Seventh Amendment 
(1956) changed this to state that (a) the number of seats allocated to a State should be in 
propor8on to its popula8on; and (b) the ra8o of seats in a cons8tuency and the number 
of members should be constant within each State to the extent prac8cable.  
The Cons8tu8on also provides that territorial cons8tuencies should be adjusted aXer 
every census. This was undertaken un8l 1972 (using the 1971 census). In 1976, the 
Cons8tu8on was amended such that there would be no further adjustment un8l the ?rst 
census aXer the year 2000. The Cons8tu8on was again amended in a way that un8l the 
?rst census aXer 2026, there would be no change in inter- State distribu8on of seats. 
Also intra-State adjustments will be made based on the 2001 census, which would also 
not be altered un8l the ?rst census aXer 2026. According to Madhavan, the reason for 
these changes was ‘to boost family planning norms’ and work ‘as a mo8va8onal measure 
to enable the State Government  to pursue the agenda for popula8on stabilisa8on’. 
The maximum strength of the Lok Sabha is ?xed at 552. Out of this, 530 members are to 
be the representa8ves of the states, 20 members are to be the representa8ves of the 
union territories and 2 members are to be nominated by the president from the Anglo-
Indian community. At present, the Lok Sabha has 545 members. Of these, 530 members 
represent the states, 13 members represent the union territories and 2 Anglo- Indian 
members are nominated by the President.  
Every Indian ci8zen who is above 18 years of age and who is not disquali?ed under the 
provisions of the Cons8tu8on or any law is eligible to vote at such elec8on. The vo8ng 
age was reduced from 21 to 18 years by the 61st Cons8tu8onal Amendment Act, 1988. 
Though the Cons8tu8on has abandoned the system of communal representa8on, it 
provides for the reserva8on of seats for scheduled castes and scheduled tribes in the Lok 
Sabha on the basis of popula8on ra8os 
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Originally, this reserva8on was to operate for ten years (ie, up to 1960), but it has been 
extended con8nuously since then by 10 years each 8me. Now, under the 95th 
Amendment Act of 2009, this reserva8on is to last un8l 2020. Though seats are reserved 
for scheduled castes and scheduled tribes, they are elected by all the voters in a 
cons8tuency, without any separate electorate. A member of scheduled castes and 
scheduled tribes is also not debarred from contes8ng a general (non-reserved) seat.  
Unlike the Rajya Sabha, the Lok Sabha is not a con8nuing chamber. Its normal term is 
?ve years from the date of its ?rst mee8ng aXer the general elec8ons, aXer which it 
automa8cally dissolves. However, the President is authorised to dissolve the Lok Sabha 
at any 8me even before the comple8on of ?ve years and this cannot be challenged in a 
court of law. Further, the term of the Lok Sabha can be extended during the period of 
na8onal emergency be a law of Parliament for one year at a 8me, for any length of 8me. 
However, this extension cannot con8nue beyond a period of six months aXer the 
emergency has ceased to operate.   
Quali?ca2ons: 
To be chosen as a Member of Parliament include (a) to be a ci8zen of India and to make 
an oath or a?rma8on to bear true faith and allegiance to the Cons8tu8on of India and 
uphold the sovereignty  and integrity of India; (b) to be of 25 years of age in the case of 
the Lok Sabha and 30 years in the  case of the Rajya Sabha; and (c) to possess any other 
quali?ca8on that Parliament may make by law.  
The Supreme Court has con?rmed the requirement that the person needs to make the 
required oath or a?rma8on aXer nomina8on and before the scru8ny of nomina8ons. 
Before taking his/ her seat, the member has to make the required oath or a?rma8on 
before the President (Governor) or some person  appointed by him. 
If a person sits or votes in Parliament (State legislature) without taking such oath, or if he 
knows that he is not quali?ed or is disquali?ed from membership, he is liable to pay a 
?ne of Rs 500 per day. 
Parliament has by law required that to be chosen as a Member of Parliament, a person 
has to be an elector for any parliamentary cons8tuency in India. The word ‘elector’ is 
de?ned as being registered on the electoral roll and not subject to certain 
disquali?ca8ons. Similarly in the case of a Legisla8ve Assembly or a Legisla8ve Council of 
a State, the person must be registered on the electoral roll of any cons8tuency of the 
State. There are special requirements for a person to be elected to a seat  reserved for 
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