Parliament of India - Structure, Functions, and Key Insights

Table of Contents
1. Parliament of India
2. Constitutional Provisions Related to Parliament
3. Structure of Parliament
4. Functions of Parliament
5. Sessions of Parliament
6. Challenges Faced by Parliament
7. Interesting Facts
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Parliament of India

The Parliament of India (Sansad) is the supreme legislative authority of the Union and a central institution of India's representative democracy. Established by the Constitution of India, Parliament enacts laws, scrutinises the executive, shapes national policy and acts as an arena for public deliberation and accountability.

• Parliament is a bicameral legislature composed of the President of India and two Houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
• The President, as a constituent part of Parliament, has powers to summon and prorogue sessions and to dissolve the Lok Sabha; these powers are exercised in accordance with constitutional conventions and on the advice of the Prime Minister and Council of Ministers.
• Members of the Lok Sabha are directly elected from single-member constituencies by adult citizens of India. Members of the Rajya Sabha are elected by elected members of State Legislative Assemblies by proportional representation.
• The original Parliament building, the Sansad Bhavan, was designed by Edwin Lutyens and Herbert Baker and inaugurated on 18 January 1927 by Lord Irwin. A new Parliament building has recently been constructed as part of the Central Vista Redevelopment Project to modernise facilities while preserving democratic legacy.
• The Constituent Assembly formed in 1947 drafted the Constitution and paved the way for the present parliamentary system of the Republic of India.

The Parliament 

• Through its law-making, oversight and representative roles, Parliament contributes to policymaking and ensures that the executive remains accountable to the people.

Constitution Flow Chart

Constitutional Provisions Related to Parliament

• The provisions governing Parliament are contained in Articles 79 to 122 of Part V of the Constitution of India.
• These articles set out Parliament's composition, duration, powers, procedure, privileges and the conduct of its business.

Structure of Parliament

Components of Parliament

President of India

The President is the Head of State and a constituent part of Parliament. The President gives assent to bills passed by both Houses, can reserve certain bills for consideration, and summons, prorogues and dissolves Houses in accordance with the Constitution and ministerial advice.

• The President is elected for a term of five years by an electoral college consisting of elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union Territories.
• Articles such as Article 60 and Article 111 regulate the President's duties and the procedure for giving assent to bills and returning bills for reconsideration.

Lok Sabha (House of the People)

The Lok Sabha is the lower House of Parliament that represents the people of India directly.

• The House has a sanctioned strength of 543 elected members elected from single-member constituencies by adult suffrage.
• The Constitution allows the Lok Sabha to have a maximum strength of 552 members.
• Members serve a term of five years unless the House is dissolved earlier.
• Eligibility for membership includes Indian citizenship, minimum age of 25 years, and other disqualifications (e.g., unsoundness of mind, insolvency, conviction for certain offences) provided under law.
• The House is presided over by the Speaker (and the Deputy Speaker), who are elected by Lok Sabha members. The Speaker is charged with conduct of business and maintaining order in the House.
• Current information: the Speaker of the Lok Sabha is Om Birla. The 17th Lok Sabha (2019-2024) has 543 elected MPs; the first session of the First Lok Sabha began on 13 May 1952.

Rajya Sabha (Council of States)

Details of Rajya Sabha 

The Rajya Sabha is the upper House that represents the states and union territories at the national level.

• The Rajya Sabha is a permanent body and is not subject to dissolution; instead, one-third of its members retire every two years.
• Members have a term of six years.
• The House can have a maximum of 250 members. The permitted strength is generally 245, of which a certain number are elected by state legislatures and up to 12 are nominated by the President for their contributions to literature, science, art and social service.
• Members are elected indirectly by the elected members of State Legislative Assemblies through proportional representation by means of the single transferable vote. The distribution of seats among states is related to population.
• Minimum age for Rajya Sabha membership is 30 years. The Rajya Sabha is presided over by the Vice-President of India, who acts as its ex-officio Chairman.

Functions of Parliament

The Constitution and parliamentary practice identify several principal functions of Parliament. These functions collectively enable Parliament to legislate, supervise the executive, decide finances, amend the Constitution and perform representative and judicial-style roles.

1. Legislative Functions

• Parliament enacts laws on subjects in the Union List and the Concurrent List.
• When a subject appears on the Concurrent List, a law made by Parliament prevails over State law in case of conflict, subject to constitutional exceptions.
• Parliament may legislate on State List subjects under specific constitutional provisions:
• It may legislate when the country is under a national emergency or when a State is under President's Rule (Article 356).
• Under Article 249, if the Rajya Sabha passes a resolution by a two-thirds majority of members present and voting that national interest requires Parliament to legislate on a State List matter, Parliament may do so.
• Under Article 253, Parliament can make laws to implement international agreements, treaties or conventions.
• Under Article 252, if two or more State Legislatures request it, Parliament may make a law for those states on matters in the State List.

2. Executive Control and Oversight

In India's parliamentary system, the executive is collectively responsible to Parliament, and Parliament exercises control using a variety of instruments.

• Vote of no-confidence: The Lok Sabha may remove the Council of Ministers by adopting a no-confidence motion.
• Questions and debates: Members can ask questions, move motions and initiate discussions to seek information and expose lapses by the executive.
• Adjournment motion: Allowed only in the Lok Sabha, it draws urgent attention to matters of public importance and suspends normal business.
• Censure motion: Used to express strong disapproval of government policy. If accepted, the government may seek a confidence vote.
• Cut motions: In financial proceedings, these are used by members to express disagreement with demands for grants.
• Parliament creates departmental and financial committees such as the Public Accounts Committee and the Estimates Committee to scrutinise executive expenditure and performance.

3. Financial Functions

Parliament is the supreme authority for public finances; the executive cannot levy taxes or spend public funds without parliamentary authorisation.

• The Union Budget (annual financial statement) and all proposals to impose taxes must be presented to and approved by Parliament.
• Financial oversight is exercised by standing committees and ad hoc committees that examine expenditure, audit reports and estimates of government departments.

4. Amending Powers

Parliament has the power to amend the Constitution under the procedure laid down in Article 368. Amendments require passage in both Houses; certain amendments also require ratification by half of the state legislatures.

5. Electoral Functions

Parliament participates in the election of key constitutional office-holders.

• The electoral college for the President includes elected members of both Houses of Parliament and elected members of State Legislative Assemblies; Parliament participates in this process.
• Parliament also participates in the election of the Vice-President. Certain removal procedures (impeachment) for high constitutional offices involve both Houses of Parliament.

6. Judicial and Disciplinary Functions

Parliament has powers to protect its privileges and to punish breaches committed by its members.

• Members may move privilege motions when they believe that House privileges have been breached by another member or outside parties.
• Parliamentary privilege matters are ordinarily outside judicial interference; the House can punish breaches, including imprisonment under its contempt powers in specified circumstances.
• Parliament has the authority to impeach and remove certain constitutional office-holders, including the President and judges, following prescribed procedures.

7. Other Functions

• Parliament debates issues of national and international importance and provides a forum for diverse viewpoints; it is often described as a "nation in miniature".
• It may alter state boundaries and has the power to create or modify the status of states and union territories.
• Ministers are required to provide information to the Houses when demanded; Parliament thus functions as an organ of information and public accountability.

Sessions of Parliament

A parliamentary session is a period during which Houses assemble to conduct business. The President summons each House and there must not be a gap of more than six months between two sessions of Parliament.

• Parliament normally meets at least twice a year; typically three sessions are held annually:
• Budget Session: February to May
• Monsoon Session: July to September
• Winter Session: November to December
• The President has the authority to summon, prorogue or dissolve the Lok Sabha and to summon and prorogue the Rajya Sabha, acting on ministerial advice.

Challenges Faced by Parliament

• Frequent disruptions: Repeated adjournments and disruptions reduce the time available for detailed scrutiny and deliberation.
• Money and corruption: The influence of money and allegations of corruption can undermine the integrity of legislative processes.
• Criminalisation of politics: Presence of persons with criminal cases against them raises concerns about representative quality and public trust.
• Lack of internal party democracy: Centralised decision-making within political parties can limit transparency and accountability of representatives.
• Under-representation of women: Low numbers of women MPs affect diversity and inclusiveness in law-making.
• Need for procedural reform: Certain parliamentary procedures are seen as outdated and in need of reforms to improve efficiency and meaningful debate.

Interesting Facts

• Neelam Sanjiva Reddy uniquely served as Chief Minister of Andhra Pradesh, Speaker of the Lok Sabha, and later as President of India.
• Speaker of Lok Sabha (current): Om Birla
• G. V. Mavalankar was the first Speaker of the Lok Sabha (15 May 1952 - 27 February 1956).
• The 18th Lok Sabha (2024-present) comprises 543 elected Members of Parliament (MPs).
• The first session of the First Lok Sabha commenced on 13 May 1952.
• Members such as Santosh Kumar Gangwar and Maneka Gandhi are among the long-serving members of the Lok Sabha.
• The Zero Hour is an Indian parliamentary innovation (introduced around 1962) that allows members to raise matters of urgent public importance without prior notice.