Indian Parliament: Structure, Functions, and Membership

The Parliament serves as the main legislative branch of the Indian national government. It holds a core position in the country's democratic setup because India follows a parliamentary system modeled after the British Westminster Model. In Part V of the Indian Constitution, Articles 79 to 122 lay out all rules about how Parliament is organized, who its leaders are, how its members work, and what special powers they hold.

Organisation of the Indian Parliament

The Indian Parliament brings together three primary entities to make laws for the entire country. Instead of just having lawmaking houses, the Indian system includes the head of state as an essential element of the legislative process.

• The Indian Parliament consists of three main components:

  • (i) The President of India.
  • (ii) The Rajya Sabha (also called the Council of States or the Upper House).
  • (iii) The Lok Sabha (also called the House of the People or the Lower House).
• In 1954, the Hindi names Rajya Sabha and Lok Sabha were official names adopted for the two houses of Parliament.
• Representation in these two houses is split to cover both the federal units and the general public:
  • The Rajya Sabha represents the states and union territories.
  • The Lok Sabha represents the people of India directly.

Role of the President in Parliament

Even though the President does not sit in either house or take part in daily debates, no law can be made without the President's official approval.

• The President plays a major part in lawmaking for two important reasons:
  • (i) Every single bill passed by both houses needs the President's formal consent to officially become a legal law.
  • (ii) The President carries out crucial parliamentary tasks:
    • (a) Calling meeting sessions or ending sessions for both houses.
    • (b) Ending the term of the Lok Sabha early when required.
    • (c) Giving speeches to both houses gathered together.
    • (d) Issuing emergency temporary laws called ordinances when Parliament is on a break.

• Comparative Legislative Structures

  Countries organize their lawmaking branches differently depending on whether they follow a parliamentary or presidential system.

  • Indian Framework: Inspired by the British lawmaking structure where the monarch is part of the lawmaking body, India uses the concept of the President acting inside Parliament.
  • British Model: The Parliament of the United Kingdom includes three parts:
    • (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 United States works completely outside the legislature. The American lawmaking body, called Congress, consists of:
    • (i) The Senate (Upper House).
    • (ii) The House of Representatives (Lower House).

System Differences

A parliamentary system brings together the leaders who make laws and the leaders who run government departments, while a presidential system keeps them separate.

• A parliamentary form of government relies on closely connecting the lawmaking branch with the executive branch, which is why India includes the President as part of Parliament.

• Rajya Sabha: Organisation and Membership

  The Rajya Sabha serves as the permanent upper chamber representing India's regional units.

  • The maximum capacity of the Rajya Sabha is set at 250 members:
    • (i) 238 members are indirectly chosen to represent the states and union territories.
    • (ii) 12 members are directly picked by the President.
  • The current total strength is 245 members:
    • (i) 229 representatives from states.
    • (ii) 4 representatives from union territories.
    • (iii) 12 members picked by the President.
  • The Fourth Schedule of the Indian Constitution lists exactly how many seats each state gets in the Rajya Sabha.

• Representation of States in Rajya Sabha

  State representatives are chosen by state lawmakers using a specialized voting method called proportional representation by means of a single transferable vote.

  • Seats are distributed based on population numbers. Because states have different populations, their seat counts vary:
    • Example: Uttar Pradesh has 31 seats because of its large population, while the smaller state of Tripura has only 1 seat.
  • Comparison with USA: In the American Senate, every state gets exactly 2 seats regardless of population, giving 100 total seats to its 50 states.

• Representation of Union Territories in Rajya Sabha

  Members from union territories are chosen through a special group created for voting, called an electoral college.

  • Only Delhi, Puducherry, and Jammu and Kashmir have representatives in the Rajya Sabha because other union territories have very small populations.

• Nominated Members in Rajya Sabha

  The President picks 12 members who have exceptional knowledge or practical experience in key fields.

  • These fields include:
    • (i) Art
    • (ii) Literature
    • (iii) Science
    • (iv) Social Service
  • This gives talented experts a seat in Parliament without making them go through popular elections. The American Senate does not have any nominated members.

• Lok Sabha: Organisation and Membership

  The Lok Sabha acts as the lower house, where members are chosen directly by the people of India.

  • The maximum capacity of the Lok Sabha was fixed at 552 members:
    • (i) 530 members from states.
    • (ii) 20 members from union territories.
    • (iii) 2 members nominated by the President from the Anglo-Indian community if they lacked adequate representation.
  • The operational strength stood at 545 members (including 530 from states, 13 from union territories, and 2 nominated Anglo-Indians). Note that the nomination of Anglo-Indians was discontinued in 2020.

• Representation of States in Lok Sabha

  Citizens across the nation vote directly to choose their local representative for the Lok Sabha.

  • Elections are guided by the rule of Universal Adult Franchise, meaning any citizen aged 18 years or older has the right to vote.
  • Under the 61st Constitutional Amendment Act, 1988, the legal voting age was lowered from 21 years down to 18 years.

• Representation of Union Territories in Lok Sabha

  Parliament created the Union Territories (Direct Election to the House of the People) Act, 1965 so that voters living in union territories can directly elect their Lok Sabha representatives.

• Nominated Members in Lok Sabha

  Previously, the President could nominate up to 2 Anglo-Indian members to the Lok Sabha. Extended by the 95th Amendment Act, 2009 until 2020, this special nomination rule has now ended.

⚡ Quick Revision Capsule: Comparison of Parliamentary Houses

Here is a quick breakdown comparing the two houses of the Indian Parliament:

Territorial Constituencies and Delimitation

To elect Lok Sabha members fairly, states are mapped out into balanced geographic voting areas called constituencies.

• The Constitution balances voting weight through two main rules:
  • (i) Seat allotment gives every state a fair ratio of seats compared to its population size (applies to states with over 6 million people).
  • (ii) Constituency lines are drawn inside each state so that every elected leader represents roughly the same number of voters.

• Readjustment after Each Census

  After a official population count or census takes place, adjustments are made to seat counts and boundary lines using a Delimitation Commission Act.

  • The 42nd Amendment Act, 1976 froze constituency boundaries using 1971 Census numbers until 2000.
  • The 84th Amendment Act, 2001 extended this seat freeze up to the year 2026 to support national family planning programs, while allowing boundaries to adjust based on the 1991 Census.
  • The 87th Amendment Act, 2003 updated boundary drawing rules to use population figures from the 2001 Census.

• Reservation of Seats for SCs and STs

  While special voting areas for religious communities were removed, seat reservations remain for Scheduled Castes (SCs) and Scheduled Tribes (STs) based on population numbers.

  • Reserved seats are voted on by every citizen in that area, not just members of reserved communities. Candidates from SC or ST backgrounds are also free to run for non-reserved general seats.
  • The 95th Amendment Act, 2009 continued these reserved seat protections through 2020, updating population reference lines in accordance with the 2001 Census.

• Proportional Representation Not Adopted

  The Lok Sabha uses a simple voting method called first-past-the-post rather than proportional voting methods.

  • Under this setup, each geographic area chooses one leader based on who gets the highest number of votes.
  • Proportional representation was rejected for Lok Sabha elections because:
    • (i) The voting steps were too complicated for a population with high non-literacy rates during early independence.
    • (ii) Having too many small parties could make government coalitions unstable.

• Rajya Sabha Duration

  First created in 1952, the Rajya Sabha is a continuous house that never shuts down completely.

  • One-third of its representatives retire every 2 years, and new elections fill those open spots.
  • Under the Representation of the People Act, 1951, a member's full term lasts for 6 years.

• Lok Sabha Duration

  Unlike the Rajya Sabha, the Lok Sabha works on a fixed term cycle.

  • Its normal working period lasts for 5 years from its first official meeting.
  • The President can end the Lok Sabha before 5 years are up. During a declared National Emergency, Parliament can extend its own life by 1 year at a time, up to a maximum of 6 months after the emergency ends.

• Qualifications for MPs

  To run for a seat as a Member of Parliament, a person must meet specific constitutional criteria.

  • Key requirements include:
    • (i) Being a legal citizen of India.
    • (ii) Taking a formal pledge to uphold the Indian Constitution and protect the nation's integrity.
    • (iii) Being at least 30 years old for Rajya Sabha or 25 years old for Lok Sabha.
    • (iv) Being a registered voter in any parliamentary constituency, as established in the Representation of the People Act, 1951.

• Disqualifications for MPs

  A person cannot serve as a Member of Parliament if they hold a paid government job (office of profit), have been declared mentally unfit by a court, are broke without clearing debts (undischarged insolvent), or give up Indian citizenship.

  • Under the Representation of the People Act, 1951, people are also disqualified if convicted of crimes leading to prison sentences of 2 years or more, or if found guilty of corrupt election practices or social crimes like promoting untouchability, dowry, or sati.
  • Disqualifications under anti-party switching rules occur under the Tenth Schedule if a member voluntarily leaves their party or disobeys party voting instructions. These decisions are made by the Speaker or Chairman and can be reviewed in court.

• Vacating of Seats

  A seat in Parliament becomes empty if a member suffers a disqualification, submits a written resignation, or remains absent without permission for 60 consecutive days.

  • A person cannot hold seats in both houses or in both Parliament and a State Assembly at the same time. If elected to two seats, one must be given up within set timelines.

• Oath or Affirmation

  Before sitting or voting in either house, every member must take an official oath in front of the President or a designated official. Sitting or voting without taking this pledge carries a daily fine of ₹500.

• Salaries and Allowances

  Parliament sets the pay and benefits for its members through laws like the Salaries, Allowances, and Pension of Members of Parliament Act.

  • Members receive monthly salaries, daily sitting allowances, constituency expenses, official housing, travel passes, and medical care.
  • Salaries for leadership figures, such as the Speaker of the Lok Sabha and Chairman of the Rajya Sabha, are paid directly from the Consolidated Fund of India.

📝 Summary

The Indian Parliament stands as the core lawmaking pillar of the nation. Operating under Part V of the Indian Constitution, it brings together the President, the Rajya Sabha, and the Lok Sabha. While the Rajya Sabha gives states a permanent voice in federal governance, the Lok Sabha connects citizens through direct elections held every 5 years. Through balanced constituency lines, representative reservations, and rules governing parliamentary behavior, India's system maintains stable democratic control over government actions.

• 🚀 Quick Revision Points

  Essential facts to review before examinations:

  • (i) Parliament includes three parts: the President, Rajya Sabha, and Lok Sabha.
  • (ii) Rajya Sabha is a permanent body where one-third of members retire every 2 years.
  • (iii) Minimum age requirements are 25 years for Lok Sabha and 30 years for Rajya Sabha.
  • (iv) Anti-party switching rules are detailed inside the Tenth Schedule of the Constitution.
• 💡 Exam Tip: Remember that while the President is not a member of either house, no bill can become law without the President's official consent.

• ❓ Frequently Asked Questions (FAQ)

  Q1: Why is the President considered part of Parliament?
  A1: Because a bill passed by the Lok Sabha and Rajya Sabha cannot become an official law without the President's formal assent.

  Q2: What is the main difference in duration between Lok Sabha and Rajya Sabha?
  A2: The Lok Sabha has a normal term of 5 years and can be dissolved early, whereas the Rajya Sabha is a permanent body where members serve 6 years on a staggered schedule.

  Q3: Who decides if a Member of Parliament is disqualified for defection?
  A3: Under the Tenth Schedule, the decision is made by the Speaker in the Lok Sabha or the Chairman in the Rajya Sabha, subject to judicial review.