Union Legislature - 1 | Indian Polity for UPSC CSE PDF Download

Parliament: Structure and Role in the Indian Constitution

Chapter II of Part V of the Indian Constitution focuses on Parliament, which is the legislative body of the Union. The Constitution designates the legislative body at the Union level as Parliament, reflecting the adoption of the Parliamentary system of government.

According to Article 79, Parliament isbicameral, consisting of the President and two Houses:

• Lower House: House of People, known as Lok Sabha.
• Upper House: Council of States, known as Rajya Sabha.

The President is an integral part of the Legislature. Although the President does not participate in Parliament's daily proceedings, their role is crucial. For instance, the President delivers the opening address to Parliament (Article 87). Moreover, a Bill passed by both Houses of Parliament cannot become law without the President's assent.

The President also performs other legislative functions, such as issuing Ordinances when both Houses are not in session, which have been explained in earlier sections.

Rajya Sabha 

Article 80 of the Indian Constitution deals with the composition of the Rajya Sabha, the upper house of Parliament.

The Rajya Sabha can have a maximum of 250 members:

• 12 members are nominated by the President of India from individuals with special knowledge or practical experience in fields like literature, science, art, and social service.
• The remaining 238 members are representatives of the States and Union Territories, elected through indirect election.

Election of State Representatives

• Representatives from each State are elected by the elected members of the State's Legislative Assembly.
• This election is conducted using the system of proportional representation by means of the single transferable vote method.

Election of Union Territory Representatives

• Representatives from Union Territories are elected in a manner prescribed by Parliament.
• They are also elected using the system of proportional representation by means of the single transferable vote method.

Federal Character

• The Rajya Sabha reflects a federal character by representing the units of the federation (the States and Union Territories).
• Unlike the American system, where each State has equal representation, India's system allocates seats based on the population of the States.

Lok Sabha 

Article 81 of the Constitution outlines the composition of the Lok Sabha, the lower house of Parliament.

The Lok Sabha can have a maximum of:

• 530 representatives from the States, elected directly by the people from territorial constituencies. However, a state with a population of less than six million cannot have more representatives than this limit.
• 20 representatives from Union Territories, elected in a manner determined by Parliament.
• Up to 2 members of the Anglo-Indian community, nominated by the President if he or she believes this community is not adequately represented. (Note: This provision for Anglo-Indian members was made optional by the 104th Constitutional Amendment Act, 2019, and is no longer in use.)

Election Process

• Representatives from the States are elected through direct election by the people of the State based on adult suffrage, meaning every citizen aged 18 or older, who is not disqualified, has the right to vote [Article 326].
• There is no reservation of seats for any minority community, except for Scheduled Castes and Scheduled Tribes [Articles 330, 341, 342].
• Members from Union Territories are elected by direct election as per the law made by Parliament.
• Election to the Lok Sabha is conducted through single-member constituencies, in contrast to the Rajya Sabha, where members are elected through proportional representation.

Uniformity of Representation

• The Constitution aims for uniformity of representation by ensuring that each State is allocated seats in such a way that the ratio of the number of seats to the population is, as far as possible, the same for all States.
• Each State is divided into territorial constituencies so that the ratio of population to the number of seats is, as far as practicable, the same throughout the State.

Qualifications and Disqualifications for Membership in Parliament

To become a member of Parliament, a person must meet the following criteria:

• Citizenship: The individual must be a citizen of India.
• Age: The minimum age requirement is 30 years for the Council of States (Rajya Sabha) and 25 years for the House of the People (Lok Sabha).
• Additional Qualifications: Parliament may prescribe additional qualifications by law if necessary.

These qualifications ensure that members of Parliament are suitably qualified to represent the interests of the people and make important legislative decisions.

Disqualification and Vacation of Seats in Parliament

Disqualification Criteria (Article 102): A person can be disqualified from being a member of either House of Parliament under the following conditions:

• Office of Profit: If the individual holds an office of profit under the Government of India or any State Government (except for positions exempted by law), they are disqualified. However, this does not apply to Ministers at the Union or State level.
• Unsound Mind: If a person is declared of unsound mind by a competent court, they are disqualified.
• Undischarged Insolvent: If the individual is an undischarged insolvent, they cannot be a member.
• Citizenship: Non-citizens or individuals who have voluntarily acquired foreign citizenship are disqualified. This also applies to those who owe allegiance to a foreign power.
• Parliamentary Law: If a person is disqualified under any law made by Parliament, they cannot be a member.

Vacating Seats in Parliament (Article 101)

A member of Parliament must vacate their seat under the following circumstances:

• Dual Membership: If elected to both Houses of Parliament, the member must vacate one seat as prescribed by Parliament. Similarly, if elected to the Union Parliament and a State legislature, the member must resign from the State Legislature.
• Disqualification: If a member incurs any disqualification mentioned in Article 102, their seat becomes vacant immediately.
• Resignation: A member can resign by submitting a written notice to the Chairman of the Council of States or the Speaker of the House of the People, making their seat vacant.
• Absence Without Permission: The House may declare a seat vacant if a member is absent from all meetings for 60 days without permission.

Adjournment, Prorogation, and Dissolution of Parliament

The sitting of a House can be terminated by:

• Dissolution: The House of the People (Lok Sabha) is subject to dissolution, which can occur in two ways:
• By the expiry of its five-year term (or extended term during a Proclamation of Emergency).
• By the President’s authority under Article 85(2).
• Prorogation: Prorogation, along with dissolution, is exercised by the President on the advice of the Council of Ministers. It involves ending a session of Parliament.
• Adjournment: Adjournment is the power of the Speaker (for the House of the People) and the Chairman (for the Council of States) to postpone daily sittings of the House.

Distinction Between Dissolution and Adjournment:

• Dissolution: Dissolution ends the existence of the House of the People, necessitating fresh elections.
• Adjournment: Adjournment does not conclude a session of Parliament but merely postpones further business for a specified period (hours, days, or weeks).

Officers of Parliament

Each House of Parliament has its own presiding officer and secretarial staff.

Rajya Sabha: Chairman & Deputy Chairman

• The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha and acts as the presiding officer of the House.
• To assist the Chairman, the Rajya Sabha elects one of its members as the Deputy Chairman, as per Article 89 of the Constitution. The Deputy Chairman takes over the responsibilities of the House in the Chairman's absence, as outlined in Article 91.
• The Chairman can only be removed from office if they are also removed from the position of Vice President.
• Deputy Chairman:
• The Deputy Chairman must vacate their position if they cease to be a member of the Rajya Sabha. They can resign by writing to the Chairman. Additionally, the Deputy Chairman can be removed by a resolution passed by a majority of the House members, with 14 days' notice, as per Article 90.
• Article 92 states that the Chairman or Deputy Chairman cannot preside over a resolution for their own removal.
• The Chairman's functions in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha. However, the Speaker has specific constitutional powers, such as certifying a Money Bill or presiding over a joint sitting of both Houses.
• The Deputy Chairman's role is comparable to that of the Deputy Speaker in the Lok Sabha.

Lok Sabha: Speaker & Deputy Speaker

The Speaker and Deputy Speaker of the Lok Sabha are elected by the members of the House from among themselves, as per Article 93 of the Constitution.

Tenure and Removal:

• The Speaker and Deputy Speaker typically hold office for the duration of the Lok Sabha. However, their office can be terminated earlier under the following circumstances:
• If they cease to be a member of the House.
• By resigning in writing to the Deputy Speaker (or vice versa).
• By being removed from office through a resolution passed by a majority of the House members, as stated in Article 94. Such a resolution requires at least one day's notice before it can be moved.

When the Lok Sabha is dissolved, the Speaker remains in office until just before the first meeting of the new Lok Sabha after the dissolution.

Removal Proceedings:

• While a resolution for the Speaker's removal is being considered, the Speaker cannot preside over the proceedings. However, they have the right to speak, participate in the proceedings, and vote, except in cases of a tie, as outlined in Article 96.

Salaries

• Article 97 of the Constitution allows Parliament to determine salaries and allowances for its officers through legislation.

Power of the Speaker

• The Speaker presides over the meetings of the House, except while a resolution for his removal is under consideration.
• Voting Rights: The Speaker does not vote initially but has the right to cast a vote in case of a tie.
• Maintaining Order: The Speaker has the final authority to maintain order in the House and interpret its Rules of Procedure.
• Quorum Issues: If there is no quorum, the Speaker can adjourn the House or suspend the meeting until a quorum is present.
• The Speaker's actions in regulating procedure or maintaining order are not subject to court jurisdiction [Article 122].
• Joint Sitting: The Speaker presides over joint sittings of both Houses of Parliament [Article 118(4)].
• Money Bill Certification: When a Money Bill is sent from the Lok Sabha to the Rajya Sabha, the Speaker certifies it as a Money Bill [Article 110(4)].

Powers of the Deputy Speaker

While the office of Speaker is vacant or the Speaker is absent from a sitting of the House, the Deputy Speaker presides, except when a resolution for his own removal is under consideration [Art. 95].

Parliamentary Privileges and Immunities

Article 105 lays down the privileges of the members of Parliament. These come under two categories: (i) those availed by an M.P. in his individual capacity, and (ii) those enjoyed by the M.Ps belonging to each House collectively. These privileges respect the honour of a parliamentarian and are meant to safeguard his freedom, authority, and dignity.

Privileges of Individual Members

• Freedom of Speech: An M.P. is not subject to restrictions specified in Article 19(2). He would not be liable for anything said in Parliament, subject to two limitations. First, the freedom should respect the rules and modes prescribed by Parliament. Secondly, no discussion can take place in Parliament with respect to the conduct of a judge of the Supreme Court or a High Court unless proceedings against him are initiated.
• Freedom from Arrest: A member cannot be arrested for a period of 40 days before or after the meeting of the House. He cannot be arrested while the meeting of a committee continues. But this rule does not apply to arrests made under the Preventive Detention Act. During such arrests, the presiding officer should be acquainted with the arrest, cause of arrest, and the place where he is being kept.
• Freedom from Attendance as Witness: A member cannot be forced to appear as a witness while Parliament is in session.

Collective Privileges

They are:

• The right to publish debates and proceedings and the right to restrain publication by others.
• The right to exclude strangers from the galleries at any time.
• The right to publish parliamentary misbehaviour.
• The right to regulate the internal affairs of the House.
• The right to punish members and outsiders for breach of its privileges.

Legislative Powers

The law-making power of Parliament is immense. It is vested with power to legislate on all subjects enumerated in the Union List (97 items) and the Concurrent List (47 items).

Thus, Parliament can make laws with regard to:

• Admission or formation of a new state.
• Implementation of the directive principles of state policy.
• Emoluments of the President, Vice President, Governor, Deputy Chairman of the Rajya Sabha, Speaker, Member of Parliament, Judges of the Supreme Court and High Courts, Chairman and members of the UPSC, Attorney General, Ministers, etc.

Parliament also participates in the law-making process on the State subjects (66 items), subject to the following conditions:

1. If the Rajya Sabha resolves by a two-thirds majority of the members present and voting that, in the national interest, Parliament should make law on a particular matter mentioned in the State List [Article 249].
2. If both the Houses of the legislature of two or more States pass a resolution that Parliament should make a law on a particular matter mentioned in the State List [Article 252].
3. If an emergency is in operation [Article 250].
4. If emergency is imposed on account of the failure of the constitutional machinery [Article 356].
5. If there is a need to legislate on any item of the State List to implement an international treaty/agreement [Article 253].
6. If the law of the State is inconsistent with the Parliamentary laws, the latter would prevail [Article 251].

Additionally, the power to legislate on residual matters vests with Parliament rather than the federating units.

Financial Powers

• Parliament sanctions the money to be spent by the executive. It is passed during vote on-account.
• The Parliamentary committee and the Estimates committee monitor the expenditure of Government.
• A money bill passed by Parliament becomes effective and even the President cannot withhold his assent [Art. 111].

Control over the Executive

• All members of Parliament are accountable to Parliament both collectively and individually.
• Each minister tells Parliament about the affairs of his department and answers pertinent questions.
• The Council of Ministers, as a body, is responsible to Parliament for the general affairs of government.
• A vote of no-confidence motion may be initiated against individual members, which amounts to the same as against the whole Council, including the Prime Minister.

Constitutional Powers

• Parliament, rather than the States, initiates constitutional amendments.
• Parliament can amend even fundamental rights. In fact, barring the ‘basic feature’, it can bring in any amendment.
• Such amendments are approved by simple majority and then special majority of each House separately.

Electoral and Punitive Powers

• M.Ps. participate in the election of the president along with members of the states’ legislature.
• Parliament can recommend the removal of the Supreme Court and High Court Judges, the Chief Election Commissioner, the Comptroller and Accountant General and the Chairman and members of the UPSC.
• Impeachment of the President and Vice-President are within Parliamentary powers.
• Parliament can punish both its own members as well as outsiders. Parliamentary decisions are not subject to challenge in the court.

Miscellaneous Powers

• Parliament’s approval of the proclamation of emergency is a must for its validity. The proclamation ceases to operate beyond thirty days in the event of its (non-approval) disapproval.
• Parliament acts as a public forum; important public issues are discussed on Parliament’s floor. Thus, the expression of public grievance forms an important function of Parliament.
• Parliament disseminates education by publicity. The mass media help in extending the Parliament’s educational role.

Exclusive Powers of the Lok Sabha

• Control on Council of Ministers: The Lok Sabha, rather than the Rajya Sabha, controls the Council of Ministers. The Ministers of the Council are individually and collectively responsible to the Lok Sabha only. The Rajya Sabha has the full right to be informed about government affairs, even though it cannot pass a censure motion against the Government.
• Money Bills: The Lok Sabha has complete and final authority on money bills. The money bills are introduced in the Lok Sabha with the recommendation of the President and certification of the Speaker. Passed by the Lok Sabha, the bill goes to the Rajya Sabha, which is under obligation to return it within 14 days. Its non-response within the stipulated time would be deemed to be approved by it. If the Rajya Sabha rejects or amends the bill, it is reconsidered and voted in the Lok Sabha. However, the Lok Sabha cannot be forced to accept the recommendation of the Rajya Sabha. Since there is no provision for a joint sitting in the case of money bills, the Lok Sabha has the final say.
• Proclamation of Emergency: The Lok Sabha has exclusive power to disapprove the proclamation of emergency issued under Article 352. This can be done if 10% of Lok Sabha members, in writing, convey their intention in this regard to the Speaker or the President. In such a case, a joint sitting is called within 14 days for considering the resolution. If such a sitting passes the resolution, the President will have to revoke it [Article 352 (8)].