Indian Parliament

The Parliament of India: Structure and Significance

• The Parliament serves as the legislative branch of the Union Government and holds a central role in India’s democratic framework due to the adoption of the parliamentary form of government, often called the Westminster Model.
• Articles 79 to 122 of Part V in the Indian Constitution elaborate on the organisation, composition, duration, officers, working procedures, privileges, and powers of Parliament.

Organisation of the Indian Parliament

• The Parliament consists of three components:
  • (i) The President of India.
  • (ii) The Rajya Sabha (Council of States / Upper House).
  • (iii) The Lok Sabha (House of the People / Lower House).
• In 1954, the terms Rajya Sabha and Lok Sabha were formally adopted.
• Representation:
  • The Rajya Sabha represents the states and union territories.
  • The Lok Sabha represents the citizens of India as a whole.

Role of the President in Parliament

• Although the President of India is not a member of either House, he remains an integral part of Parliament because:
  • (i) A bill passed by both Houses requires the President’s assent to become law.
  • (ii) He performs essential parliamentary functions:
    • (a) Summoning and proroguing both Houses.
    • (b) Dissolving the Lok Sabha.
    • (c) Addressing joint sessions of Parliament.
    • (d) Issuing ordinances when Parliament is not in session.

Comparative Legislative Structures

• Indian Framework: Inspired by the British system, where Parliament includes the Crown-in-Parliament, India follows the concept of President-in-Parliament.
• British Model: Parliament includes:
  • (i) The Crown (King or Queen).
  • (ii) The House of Lords (Upper House).
  • (iii) The House of Commons (Lower House).
• American System: The President of the USA is not part of the legislature. Instead, the Congress consists of:
  • (i) The Senate (Upper House).
  • (ii) The House of Representatives (Lower House).

System Differences

• The Parliamentary system stresses interdependence of the legislature and executive, hence the Indian practice of President-in-Parliament.
• The Presidential system, such as in the USA, emphasises separation of powers, making the American President independent of the legislature.

Composition of Rajya Sabha and Lok Sabha

Rajya Sabha: Organisation and Membership

• The maximum strength of the Rajya Sabha is 250 members:
  • (i) 238 members represent states and union territories (indirectly elected).
  • (ii) 12 members are nominated by the President.
• Current strength stands at 245 members:
  • (i) 229 from states.
  • (ii) 4 from union territories.
  • (iii) 12 nominated by the President.
• The Fourth Schedule of the Constitution governs the allocation of seats in the Rajya Sabha.

Representation of States in Rajya Sabha

• Elected by members of the State Legislative Assemblies through proportional representation by means of a single transferable vote.
• Seats allocated based on population, leading to variation:
  • Example: Uttar Pradesh has 31 members, whereas Tripura has only 1.
• Comparison with USA: All 50 states in the American Senate have equal representation (2 per state → 100 total), irrespective of population.

Representation of Union Territories in Rajya Sabha

• Elected indirectly by an electoral college constituted for this purpose, following proportional representation.
• Only Delhi and Puducherry have representation, while the other five UTs are excluded due to smaller populations.

Nominated Members in Rajya Sabha

• The President nominates 12 members with expertise in:
  • (i) Art
  • (ii) Literature
  • (iii) Science
  • (iv) Social Service
• Purpose: To provide distinguished individuals a voice in the legislature without contesting elections.
• American Senate has no provision for nominated members.

Lok Sabha: Organisation and Membership

• The maximum strength of the Lok Sabha is fixed at 552 members:
  • (i) 530 from the states.
  • (ii) 20 from the union territories.
  • (iii) 2 nominated by the President from the Anglo-Indian community.
• Current strength is 545 members:
  • (i) 530 from the states.
  • (ii) 13 from the union territories.
  • (iii) 2 nominated Anglo-Indians by the President.

Representation of States in Lok Sabha

• Members are directly elected by citizens from territorial constituencies in the states.
• Election principle: Universal Adult Franchise.
• Eligibility: Any citizen above 18 years not disqualified under constitutional or legal provisions.
• Key Reform:61st Constitutional Amendment Act, 1988 reduced the voting age from 21 to 18.

Representation of Union Territories in Lok Sabha

• The Parliament determines the mode of election for UT members.
• Law enacted:Union Territories (Direct Election to the House of the People) Act, 1965 – provides for direct elections for UT representatives.

Nominated Members in Lok Sabha

• The President may nominate 2 members from the Anglo-Indian community if it is deemed inadequately represented.
• Originally limited till 1960, this provision was extended multiple times and continued till 2020 by the 95th Amendment Act, 2009.

System of Elections to the Lok Sabha

Territorial Constituencies

• For direct elections to the Lok Sabha, each state is divided into territorial constituencies.
• The Constitution makes two key provisions:
  • (i) Each state is allotted seats so that the ratio of seats to population remains uniform across all states (except states with population below six million).
  • (ii) Within each state, territorial constituencies are drawn so that the population-to-seat ratio remains equal across constituencies.
• Result: Representation is uniform both:
  • (a) Between states.
  • (b) Within constituencies of a single state.
• The term ‘population’ refers to the latest published census figures.

Readjustment after Each Census

• After every census, readjustment is made regarding:
  • (i) Allocation of Lok Sabha seats to states.
  • (ii) Division of states into territorial constituencies.
• Parliament decides the authority and process for this adjustment via Delimitation Commission Acts (1952, 1962, 1972, 2002).
• 42nd Amendment Act, 1976: Froze seat allocation and constituency division at the 1971 level until 2000.
• 84th Amendment Act, 2001:
  • (i) Extended the freeze till 2026 to encourage population control.
  • (ii) Allowed rationalisation of constituencies based on 1991 Census.
• 87th Amendment Act, 2003: Directed delimitation on the basis of 2001 Census, without altering state-wise seat allocation.

Reservation of Seats for SCs and STs

• While communal representation was abolished, the Constitution provides reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) based on population.
• Originally valid for 10 years (till 1960), the provision has been extended repeatedly. Under the 95th Amendment Act, 2009, it was extended till 2020.
• Important points:
  • (i) Reserved candidates are elected by all voters in a constituency (no separate electorate).
  • (ii) SC/ST members can also contest from general seats.
• 84th Amendment Act, 2001: Refixed reserved seats based on 1991 Census.
• 87th Amendment Act, 2003: Refixed based on 2001 Census.

Proportional Representation Not Adopted

• Unlike the Rajya Sabha, the Lok Sabha does not use proportional representation; instead, it follows territorial representation.
  • (i) Each member represents a geographical unit called a constituency.
  • (ii) Each constituency elects one representative (single-member constituency).
  • (iii) Winner is decided by simple majority.
• Limitation: This system often excludes minority groups from fair representation.
• Proportional representation ensures representation for all sections in proportion to their numbers. Two forms exist:
  • (i) Single transferable vote system – used in Rajya Sabha, Legislative Councils, and elections for President and Vice-President.
  • (ii) List system.
• Reasons for rejection of proportional representation in Lok Sabha:
  • (i) System complexity – difficult for voters given low literacy levels.
  • (ii) Leads to multiplication of political parties → government instability.
• Demerits of proportional representation:
  • (i) Highly expensive.
  • (ii) No scope for by-elections.
  • (iii) Weakens voter-representative connection.
  • (iv) Encourages minority interests and groupism.
  • (v) Strengthens party system while reducing individual voter influence.

Duration of Rajya Sabha and Lok Sabha

Rajya Sabha

• The Rajya Sabha, first constituted in 1952, is a permanent body and is not subject to dissolution.
• Retirement Process:
  • (i) One-third of its members retire every second year.
  • (ii) Vacancies are filled through fresh elections and presidential nominations at the beginning of every third year.
  • (iii) Retiring members can seek re-election or renomination any number of times.
• Term of Office:
  • The Constitution leaves the term to Parliament. Under the Representation of the People Act, 1951, the term is fixed at six years.
  • The President was empowered to curtail the tenure of the first batch, and a lottery system determined retirements initially.
  • The Act also authorised the President to frame rules regarding retirement order of members.

Lok Sabha

• The Lok Sabha is not a continuing chamber.
• Normal Term: Five years from the first sitting post general elections, unless dissolved earlier.
• Presidential Authority:
  • The President can dissolve the Lok Sabha anytime before its term ends — this action cannot be challenged in court.
• Emergency Extension:
  • (i) During a National Emergency, Parliament may extend its term by one year at a time.
  • (ii) However, such extension cannot exceed six months after the emergency ends.

Membership of Parliament

Qualifications

• The Constitution specifies that a Member of Parliament must:
  • (i) Be a citizen of India.
  • (ii) Take an oath/affirmation before an authorised officer of the Election Commission, pledging:
    • (a) True faith and allegiance to the Constitution of India.
    • (b) To uphold the sovereignty and integrity of India.
  • (iii) Be at least 30 years old for Rajya Sabha and 25 years old for Lok Sabha.
  • (iv) Fulfil other criteria prescribed by Parliament.
• Additional Qualifications (as per Representation of People Act, 1951):
  • (i) Must be registered as an elector for any parliamentary constituency.
    • Earlier, a Rajya Sabha candidate had to be an elector from the concerned state, but this was removed in 2003 and upheld by the Supreme Court in 2006.
  • (ii) If contesting from a reserved constituency, must belong to a Scheduled Caste or Scheduled Tribe. However, they may also contest general seats.

Disqualifications

• Under the Constitution, a person is disqualified if:
  • (i) Holds an office of profit under Union/State government (except ministerial or exempted offices).
  • (ii) Declared of unsound mind by a court.
  • (iii) Is an undischarged insolvent.
  • (iv) Is not an Indian citizen, has taken foreign citizenship, or owes allegiance to another country.
  • (v) Is disqualified under any law made by Parliament.
• Additional Disqualifications under the Representation of People Act, 1951:
  • (i) Convicted for election offences or corrupt practices.
  • (ii) Sentenced to imprisonment of two years or more (preventive detention is exempt).
  • (iii) Failure to submit election expenses within the prescribed time.
  • (iv) Having financial interest in government contracts, works, or services.
  • (v) Being a director/agent of a corporation where government holds ≥25% share.
  • (vi) Dismissed from government service for corruption or disloyalty to the State.
  • (vii) Convicted for offences inciting enmity or bribery.
  • (viii) Punished for promoting social evils like untouchability, dowry, or sati.
• Final Decision: The President of India decides disqualification matters, but only after seeking the opinion of the Election Commission.

Disqualification and Vacating of Seats for Members of Parliament

• Disqualification on the Grounds of Defection
  • As per the Constitution, a member may be disqualified under the Tenth Schedule for defection.
  • A member becomes liable for disqualification if:
    • (i) He voluntarily leaves the political party on whose ticket he was elected.
    • (ii) He votes or refrains from voting against the directions of his party.
    • (iii) An independently elected member joins a political party.
    • (iv) A nominated member joins a political party after six months of appointment.
  • The decision on disqualification is made by the Chairman of the Rajya Sabha or Speaker of the Lok Sabha, not the President.
    • Supreme Court, 1992: The rulings of the Chairman or Speaker are subject to judicial review.

Vacating of Seats

• Double Membership
  • (i) A person cannot simultaneously be a member of both Houses of Parliament.
    • (a) If elected to both Houses, the individual must choose one within 10 days, or Rajya Sabha seat becomes vacant.
    • (b) If a sitting member is elected to another House, the original seat becomes vacant.
    • (c) If elected to two seats in the same House, one must be chosen or both seats become vacant.
  • (ii) A person cannot hold membership in both Parliament and a State Legislature at the same time. Failure to resign from the state legislature within 14 days leads to vacating the parliamentary seat.
• Disqualification – If a member becomes subject to any constitutional disqualification, including under the Tenth Schedule, the seat is vacated.
• Resignation – A member can resign by writing to the Chairman or Speaker. The seat becomes vacant upon acceptance, though resignation may be rejected if deemed involuntary or insincere.
• Absence – If a member is absent for 60 consecutive days without permission, the House may declare the seat vacant, excluding periods of prorogation or adjournments exceeding four days.
• Other Cases
  • (i) Election declared void by a court.
  • (ii) Expulsion by the House.
  • (iii) Election to the office of President or Vice-President.
  • (iv) Appointment as Governor of a state.
• Procedure for Disqualified Candidates – If a disqualified person is elected, the Representation of People Act, 1951 empowers the High Court to annul the election. Appeals can be made to the Supreme Court.

Oath or Affirmation

• Before taking their seat, MPs must subscribe to an oath or affirmation administered by the President or an appointed authority.
  • (i) To uphold true faith and allegiance to the Constitution of India.
  • (ii) To maintain the sovereignty and integrity of the nation.
  • (iii) To faithfully discharge duties of office.
• Without taking the oath, a member cannot vote, participate in proceedings, or claim parliamentary privileges.
• Penalty of Rs 500 per day applies if a member sits or votes:
  • (i) Before taking the oath or affirmation.
  • (ii) When knowingly unqualified or disqualified.
  • (iii) When prohibited by parliamentary law from sitting or voting.

Salaries and Allowances

• MPs are entitled to salaries and allowances as determined by Parliament; pension provisions are provided through legislation, not the Constitution.
• Historical Increases:
  • 1954: Salaries, Allowances, and Pension of Members of Parliament Act enacted.
  • 2010: Salaries raised from ₹16,000 to ₹50,000 per month; constituency allowance from ₹20,000 to ₹45,000; daily allowance from ₹1,000 to ₹2,000; office expenses from ₹20,000 to ₹45,000.
• Members receive additional benefits:
  • Pension on a graduated scale per five-year term.
  • Travel facilities, official accommodation, telephone, vehicle advances, and medical facilities.
• Officers’ Salaries – Salaries of the Speaker of Lok Sabha and Chairman of Rajya Sabha are charged to the Consolidated Fund of India:
  • (i) 1953: Salaries and Allowances of Officers of Parliament Act enacted.
  • (ii) Chairman of Rajya Sabha: ₹1.25 lakh/month.
  • (iii) Other officers (Speaker, Deputy Speaker, Deputy Chairman) receive same salaries as MPs.
  • (iv) Daily and constituency allowances are also provided, matching MP entitlements.
  • (v) Sumptuary allowance:
    • Speaker of Lok Sabha: ₹2,000/month (same as Cabinet Minister).
    • Deputy Speaker & Deputy Chairman: ₹1,000/month (same as Minister of State).