Parliament | Constitutional Law - CLAT PG PDF Download

Introduction

• The Parliament of India is the highest legislative authority in the country, functioning as the  bicameral legislature  of the Union.
• It consists of two Houses:  Rajya Sabha (Council of States)  and  Lok Sabha (House of the People)  .
• The  President of India  acts as the head of the legislature, with the power to summon, prorogue, and dissolve the Lok Sabha, but these powers are exercised on the advice of the Prime Minister and the Council of Ministers.
• Each House must meet at least once every six months, and a joint sitting of both Houses can be convened under certain circumstances.

Article 79 - There shall be a Parliament for the Union

which shall consist of the President and two Houses to be known respectively as the council of States and the House of the People.

According to Article 79 of the Constitution of India, the Parliament consists of President of India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).

[Intext Question]

Article 80: Composition of the Council of States 

 1. Composition of the Council of States 

•  (1)  The Council of States consists of:
•  (a)  Twelve members nominated by the President.
•  (b)  Up to 238 representatives from States and Union territories.

 2. Allocation of Seats 

• Seats for representatives of States and Union territories are allocated according to the Fourth Schedule of the Constitution.

 3. Presidential Nominations 

• Members nominated by the President must have special knowledge or experience in areas like:
•  (a)  Literature
•  (b)  Science
•  (c)  Art
•  (d)  Social service

 4. Election of State Representatives 

• Representatives from each State are elected by the elected members of the State Legislative Assembly.
• This is done through a system of  proportional representation  using the  single transferable vote  method.

 5. Election of Union Territory Representatives 

• Representatives from Union Territories are chosen in a manner prescribed by Parliament.

 6. Structure and Leadership 

• The Council of States is a permanent body.
• One-third of its members retire every two years.
• The  Vice-President of India  is the ex-officio chairman of the Council.

Article 81: Composition of the House of the People

 1. Overview of the House of the People 

• The House of the People, also known as Lok Sabha, consists of  not more than 530 members  elected directly by the people from various States and  not more than 20 members  representing Union Territories.
• The exact number of members representing Union Territories is determined by law made by Parliament.

 2. Allocation of Seats 

• Seats in the House of the People are allocated to each State based on its population, aiming for a consistent  ratio  between the number of seats and the State's population.
• Each State is divided into  territorial constituencies  for the purpose of elections, ensuring a similar ratio between the population of each constituency and the number of seats allotted to the State.

 3. Special Provision for Smaller States 

• The general rule for seat allocation does not apply to States with a population of  not exceeding six million  .

 4. Definition of Population 

• For the purposes of seat allocation,  population  is determined based on the most recent census data.
• Until the figures from the first census after 2000 are published, the  1971 census  data is used.

 5. Representation of Anglo-Indian Community 

• Initially, up to  two members  from the Anglo-Indian community could be appointed by the President to the House of the People.
• This provision was applicable until 2020.

Article 82 - Readjustment After Each Census

 Introduction 

• Article 82 of the Indian Constitution deals with the readjustment of seats in the House of the People (Lok Sabha) and the division of States into territorial constituencies after each census.
• The aim is to ensure uniform representation across different States and constituencies based on population.

 Key Provisions of Article 82 

•  Readjustment After Census:  Seats in the Lok Sabha allocated to States and the division of each State into territorial constituencies are readjusted after each census.
•  Parliamentary Authority:  The authority and manner of readjustment are determined by Parliament through law.
•  Timing of Readjustment:  Readjustment does not affect current representation until the existing House is dissolved. It takes effect from a date specified by the President.
•  First Census Post-2000:  Readjustment is not necessary until the figures from the first census after 2000 are published.
•  Uniform Representation:  The Constitution ensures uniformity of representation between different States and between constituencies within the same State based on population.

 Delimitation Act and Uniformity of Representation 

• Article 82 empowers Parliament to enact a Delimitation Act after every census, facilitating the readjustment and rationalization of territorial constituencies.
• The Delimitation Act ensures that  each constituency represents an equal number of voters,  upholding the principle of 'one vote, one value.'

 Conclusion 

• Article 82 plays a crucial role in maintaining equitable representation in the Lok Sabha by regularly updating the allocation of seats and the division of constituencies based on population changes.

[Intext Question]

Article 83: Duration of Houses of Parliament 

 (1) Council of States:  The Council of States is a permanent body. Every two years, one-third of its members retire. This process is regulated by laws made by Parliament.

 (2) House of the People:  The House of the People (Lok Sabha) has a term of five years from its first meeting unless it is dissolved earlier by the President.

 Extension during Emergency:  During a Proclamation of Emergency, Parliament can extend the House of the People's term by up to one year at a time, but not exceeding six months after the emergency ends.

Article 84 - Qualification for Membership of Parliament 

• A person is not qualified to be chosen for a seat in Parliament unless they meet the following criteria:

 (a) Citizenship and Oath:

• The individual must be a citizen of India.
• They must make and subscribe an oath or affirmation before a person authorized by the Election Commission, as per the form in the Third Schedule.

 (b) Age Requirement:

• For the Council of States, the candidate must be at least thirty years old.
• For the House of the People, the candidate must be at least twenty-five years old.

 (c) Other Qualifications:

• The candidate must possess any other qualifications prescribed by law made by Parliament.

 Article 84  sets the qualifications for individuals who wish to become candidates in parliamentary elections.

•  Citizenship:  Candidates must be citizens of India.
•  Oath or Affirmation:  They must take an oath or affirmation of allegiance to the Constitution and India’s sovereignty and integrity.
•  Age:  Candidates must be at least 30 years old for the Council of States and 25 years old for the House of the People.
•  Additional Qualifications:  Any other qualifications set by Parliament must also be met.

Article 85 - Sessions of Parliament, Prorogation, and Dissolution

•  Summoning of Parliament  : The President summons each House of Parliament to meet at a time and place deemed appropriate. There should be no more than six months between the last sitting of one session and the first sitting of the next session, ensuring that Parliament meets at least twice a year.
•  Prorogation  : The President has the authority to prorogue the Houses or either House, which means to terminate a parliamentary session. Prorogation ends both the sitting and the session but does not dissolve the House. The Rajya Sabha is a permanent House and is not dissolved, while the Lok Sabha can be dissolved.
•  Dissolution of the House of the People  : The President can dissolve the House of the People (Lok Sabha), which means terminating its life. Dissolution ends the existing House, and a new House is formed after general elections. The Rajya Sabha is not subject to dissolution as it is a permanent House. The Lok Sabha can be dissolved at the end of its five-year term, or earlier under specific circumstances, such as the loss of confidence by the Council of Ministers.
•  Business Lapse  : When the Lok Sabha is dissolved, all pending business, including bills, motions, resolutions, notices, and petitions, lapse.