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Unit 1: Organisation and Structure of Parliament
Constitutional basis of Parliament (Articles 79 to 122) Components of Parliament, President, Lok Sabha, Rajya Sabha Bicameralism, rationale and relevance Comparison with other federal legislatures
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Pre-Reading Material
Video Discussion
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Key Points
Unit 2: Composition of the Two Houses
Lok Sabha Maximum and present strength Representation of States and UTs Nomination of Anglo-Indian members (historical and current position) Rajya Sabha Maximum strength and present composition Representation of States Nominated members, criteria and significance
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Key Notes
Pre Reading Material
Unit 3: System of Elections to Lok Sabha
Direct elections and universal adult franchise Territorial constituencies Role of Delimitation Commission First-past-the-post system, merits and criticisms Anti-defection law and electoral mandate
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Key Points
Pre Reading Material
Unit 4: Duration of the Two Houses
Normal term of Lok Sabha Dissolution, powers of President Rajya Sabha as a permanent House Extension during National Emergency
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Key Points
Unit 5: Membership of Parliament
Qualifications and disqualifications Oath or affirmation Vacation of seats Anti-defection law, Tenth Schedule Resignation and expulsion
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Key Points
Unit 6: Presiding Officers of Parliament
Lok Sabha Speaker and Deputy Speaker Election, powers, and impartiality Casting vote and disciplinary powers Rajya Sabha Chairman and Deputy Chairman Role of Vice-President Distinctive powers compared to Speaker
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Key Points
Unit 7: Leaders in Parliament
Leader of the House Leader of Opposition, statutory recognition Whips and party discipline Role in parliamentary functioning
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Unit 8: Sessions of Parliament
Summoning, prorogation, adjournment Types of sessions, Budget, Monsoon, Winter Special sittings Lame-duck session
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Key Points
Unit 9: Types of Majority
Simple, absolute, effective majority Special majority (Article 368) Composite majority Use in constitutional amendments and confidence motions
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Unit 10: Devices of Parliamentary Proceedings
Question Hour, Zero Hour Motions, no-confidence, adjournment, censure Calling Attention Motion Half-an-hour discussion Role in executive accountability
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Unit 11: Legislative Procedure in Parliament
Ordinary bills Money bills, Article 110 Financial bills Role of President and assent Ordinance making power
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Unit 12: Joint Sitting of Two Houses
Constitutional provision (Article 108) Grounds and procedure Presiding authority Case studies, Dowry Prohibition Act, GST not applicable
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Unit 13: Budget in Parliament
Constitutional framework (Articles 112 to 117) Annual Financial Statement Types of grants Cut motions Role of Lok Sabha and Rajya Sabha
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Key Points
Unit 14: Multifunctional Role of Parliament
Legislative Executive control Financial control Judicial role (impeachment, removal) Constituent role Electoral functions
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Unit 15: Ineffectiveness of Parliamentary Control
Decline of Question Hour Party dominance and whip system Ordinance raj Coalition politics Bypassing Parliament via rules and executive action
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Unit 16: Position of Rajya Sabha
Federal chamber or secondary House Special powers under Articles 249 and 312 Role in constitutional amendments Limitations and criticisms
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Key Points
Unit 17: Parliamentary Privileges
Constitutional basis (Articles 105) Collective and individual privileges Freedom of speech Contempt of Parliament Judicial review and limits
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Key Points
Unit 18: Sovereignty of Parliament
Parliamentary sovereignty vs constitutional supremacy Comparison with British Parliament Role of judiciary and basic structure doctrine Limits on legislative power
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Unit 19: Organisation of State Legislature
Constitutional provisions (Articles 168 to 212) Governor and State Legislature Unicameral and bicameral legislatures Federal implications
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Key Points
Unit 20: Composition of Two Houses
Legislative Assembly Maximum and minimum strength Representation of SCs and STs Nomination of Anglo-Indians (status update) Legislative Council Composition and method of election Graduates, teachers, local bodies Nomination by Governor
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Key Points
Unit 21: Duration of Two Houses
Normal term of Legislative Assembly Dissolution and extension Permanent nature of Legislative Council
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Key Points
Unit 22: Membership of State Legislature
Qualifications and disqualifications Oath or affirmation Vacation of seats Anti-defection law
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Key Points
Unit 23: Presiding Officers of State Legislature
Legislative Assembly Speaker and Deputy Speaker Powers and role Comparison with Lok Sabha Speaker Legislative Council Chairman and Deputy Chairman
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Unit 24: Sessions of State Legislature
Summoning and prorogation Governor’s role Budget session and special sittings
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Key Points
Unit 25: Legislative Procedure in State Legislature
Ordinary bills Money bills at state level Role of Governor Ordinances by Governor
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Unit 26: Bills Reserved for President’s Consideration
Constitutional grounds Discretionary powers of Governor Federal implications Judicial review
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Unit 27: Legislative Procedure Compared
Parliament vs State Legislature Role of Upper House Powers of presiding officers Governor vs President
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Unit 28: Position of Legislative Council
Utility and relevance Arguments for abolition Political misuse Case studies of abolition and revival
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Unit 29: Privileges of State Legislature
Constitutional basis (Article 194) Similarities with Parliamentary privileges Contempt of House Judicial intervention
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Topic : Parliament & State Legislature (Prelims Polity)

1. Constitutional Location of Parliament and its Two Houses

  • Part V, Chapter II, Articles 79 to 122: Parliament of India

  • Article 79: Parliament consists of

    • the President,

    • the Council of States (Rajya Sabha), and

    • the House of the People (Lok Sabha).

Our focus is on:

  1. Lok Sabha

    • Maximum and present strength

    • Representation of States and Union Territories

    • Nomination of Anglo-Indian members, historical and current position

  2. Rajya Sabha

    • Maximum strength and present composition

    • Representation of States

    • Nominated members, constitutional criteria and political–institutional significance

2. Lok Sabha

2.1 Constitutional Basis and Character

  • Article 81: Composition of the House of the People

  • Article 80: Deals with Rajya Sabha, not Lok Sabha, but often read together in comparison.

  • Article 330: Reservation of seats for SCs and STs in Lok Sabha.

  • Article 327, 329: Parliament’s power to make laws on elections, delimitation and bar on judicial interference in electoral matters.

  • Article 331 (now omitted): Nomination of Anglo-Indian members to Lok Sabha (historic).

  • Article 334: Time limit on SC/ST reservation and Anglo-Indian special representation, repeatedly extended and then restructured.

Lok Sabha is directly elected by the people, hence called the House of the People, and is the primary chamber for democratic accountability and financial control.

2.2 Maximum Strength of Lok Sabha

There is a favourite UPSC trap here: 552 vs 550 vs 543 vs 545. You need to distinguish clearly between:

2.2.1 Original Constitutional Design

At the commencement of the Constitution, read with the now-omitted Article 331:

  • Maximum strength envisaged: 552

    • 530 members to represent the States (Article 81(1)(a))

    • 20 members to represent the Union Territories (Article 81(1)(b))

    • Up to 2 nominated members from Anglo-Indian community (Article 331)

Standard books and MCQs that ask “maximum strength as originally envisaged by the Constitution” still treat 552 as the correct figure.

2.2.2 Present Constitutional Position after 104th Amendment

  • Article 81 still allows 530 (States) + 20 (UTs) = 550 elected members.

  • Article 331, which allowed nomination of up to 2 Anglo-Indian members, has been omitted by the 104th Constitutional Amendment Act, 2019 (w.e.f. 25 January 2020).

Result:

  • As of today, the effective constitutional maximum is:

    • 550 elected members (territorial)

    • 0 nominated Anglo-Indian members

  • The phrase “maximum membership of Lok Sabha is 552” is now historical, not operational.

2.2.3 Statutory / Actual Seat Count

  • The present delimitation (under the Delimitation Act 2002) fixes the total elected constituencies at 543, all single-member territorial constituencies.

Historically:

  • Before January 2020:

    • 543 elected + 2 nominated Anglo-Indians = 545 sitting members.

  • After abolition of Anglo-Indian nomination:

    • Only 543 elected members.

So, from exam angle:

  • Original constitutional maximum: 552

  • Maximum possible elected members as per Article 81 today: 550

  • Present actual strength: 543 elected members (no nominated members).

2.3 Present Composition and Reservation

As per existing delimitation:

  • Total elected seats: 543

  • SC reserved seats: 84

  • ST reserved seats: 47

    • total reserved = 131 seats.

Reservation is governed by:

  • Article 330: Reservation of seats for SCs and STs in Lok Sabha.

  • Article 334: Time-limit on such reservation, repeatedly extended (8th, 23rd, 45th, 62nd, 79th, 95th, 104th Amendments).

Key point:

  • 104th Amendment Act, 2019:

    • Extended SC/ST reservation in Lok Sabha and State Assemblies up to 2030.

    • Abolished Anglo-Indian nomination in Parliament and State Assemblies.

Future overlay:

  • 106th Constitutional Amendment Act, 2023 (Women’s Reservation Act)

    • Inserts Article 330A to provide one-third reservation for women in Lok Sabha, including within SC/ST reserved seats.

    • To be operational only after next Census and delimitation.

So the structure of representation is going to change substantially in the 2030s, even if the overall maximum of 550 remains.

2.4 Representation of States and Union Territories in Lok Sabha

2.4.1 Constitutional Scheme

Core Articles:

  • Article 81

    • Seats are allocated to States in such a manner that the ratio between the population of each State and the number of seats allotted to it is, as far as practicable, the same for all States.

  • Article 82

    • After every Census, Parliament shall enact a law to readjust the allocation of seats to States.

  • Articles 327 and 328

    • Enable Parliament and State Legislatures to make laws regarding elections and delimitation.

  • Articles 330 and 332

    • Provide for SC/ST reservation in Lok Sabha and State Assemblies respectively.

Allocative principles:

  1. Territorial representation: each MP represents a single geographic constituency.

  2. Population-based allocation between States and between constituencies within a State, subject to the political freeze.

  3. Minimum 1 seat for every State (no State can have zero representation).

2.4.2 State-wise and UT-wise Representation (current snapshot)

Some high-yield figures as per current composition:

  • Uttar Pradesh: 80

  • Maharashtra: 48

  • West Bengal: 42

  • Bihar: 40

  • Tamil Nadu: 39

  • Andhra Pradesh: 25

  • Rajasthan: 25

  • Madhya Pradesh: 29

  • Karnataka: 28

  • Gujarat: 26

Smaller units:

  • Sikkim, Mizoram, Nagaland, Andaman & Nicobar, Ladakh, Lakshadweep, Chandigarh, Puducherry: 1 seat each.

Union Territories collectively:

  • 19 seats in Lok Sabha, distributed among UTs (Delhi 7, J&K 5, Ladakh 1, etc.) while keeping the total at 543.

Special reorganisation:

  • Jammu & Kashmir Reorganisation Act 2019

    • State of J&K bifurcated into UT of J&K (with legislature) and UT of Ladakh (without legislature).

    • The 6 Lok Sabha seats earlier allotted to J&K state now stand as 5 for UT of J&K + 1 for UT of Ladakh, without changing the national total of 543.

2.4.3 Delimitation and the Freeze on Lok Sabha Seats

This is critical for Mains analysis and upcoming debates.

Key provisions and amendments:

  • Article 82: mandates readjustment after each Census.

  • Delimitation Acts: 1952, 1962, 1972 and 2002; four Commissions so far.

  • 42nd Amendment Act 1976

    • Froze the allocation of seats to States in Lok Sabha based on the 1971 Census, prohibiting any change until after 2001 Census.

  • 84th Amendment Act 2001

    • Extended the freeze further till first Census after 2026, to avoid penalising States that controlled population.

  • 87th Amendment Act 2003

    • Allowed redrawing of constituency boundaries based on 2001 Census, but did not change the number of seats allocated to each State.

Effect:

  • Current 543 constituencies are drawn mainly using 2001 Census figures, but

  • The number of seats per State and State Assemblies still rests fundamentally on 1971 population.

This has two implications:

  1. Political representation of States does not reflect demographic realities after 1971.

  2. Southern and some north-eastern States, which have controlled population growth, risk losing relative share of seats in the next big delimitation, causing a heated federal debate.

Recent judicial angle:

  • Meghraj Kothari v Delimitation Commission (1967)

    • Supreme Court held that Delimitation Commission’s final orders, once notified, have force of law and are generally beyond judicial review, taking support from Article 329(a) and the Delimitation Commission Act.

  • Kishorchandra Chhanganlal Rathod v Union of India (2024)

    • Clarified that while routine challenges to delimitation are barred, gross constitutional violations could still attract limited judicial review, rejecting an absolute exclusion of courts.

Contemporary development:

  • Supreme Court has recently dismissed pleas demanding parallel delimitation for other States while J&K was being delimited, holding that different constitutional rules apply to States and UTs, and delimitation elsewhere must wait till the census after 2026.

2.5 Nomination of Anglo-Indian Members – Historical and Current Position

2.5.1 Constitutional Text and Rationale

  • Article 331 (now omitted):

    • Allowed the President to nominate up to two members of the Anglo-Indian community to Lok Sabha if he or she was of the opinion that the community was not adequately represented.

  • Article 366(2): Defined an Anglo-Indian as a person whose father or any male-line progenitor was of European descent, domiciled and born in India, etc.

Rationale:

  • Anglo-Indians were a tiny dispersed minority, socially and culturally distinct.

  • The Constituent Assembly felt they might be politically invisible in territorial, majority-based constituencies and hence granted special representation by nomination.

2.5.2 Periodic Extensions

  • Article 334 originally limited this special representation to 10 years from commencement of the Constitution (i.e. until 1960).

  • The period was repeatedly extended by constitutional amendments:

    • 8th Amendment 1959: up to 1970

    • 23rd Amendment 1969: up to 1980

    • 45th Amendment 1980: up to 1990

    • 62nd Amendment 1989: up to 2000

    • 79th Amendment 1999: up to 2010

    • 95th Amendment 2009: up to 2020

Throughout this period:

  • Two Anglo-Indian members in Lok Sabha,

  • One Anglo-Indian member in each State Assembly where nominated under Article 333.

2.5.3 Abolition under 104th Constitutional Amendment Act, 2019

  • The Constitution (104th Amendment) Act, 2019 (in force from 25 January 2020) did two things:

    1. Extended SC/ST reservation in Lok Sabha and State Assemblies to 2030.

    2. Removed Anglo-Indian representation by nomination by:

      • Omitting Article 331 (Lok Sabha nomination), and

      • Omitting Article 333 (State Assembly nomination) for Anglo-Indians.

Government’s justification:

  • The official stance was that the Anglo-Indian community is now numerically very small and integrated into mainstream society, and special political representation is no longer warranted, relying on a small 2011 Census figure of around 296, which Anglo-Indian groups dispute.

Current position:

  • No nomination of Anglo-Indian members to Lok Sabha or State Assemblies is possible after the 104th Amendment.

  • Lok Sabha is now entirely composed of elected members chosen from territorial constituencies.

From exam perspective:

  • If asked “What is the current status of Anglo-Indian nomination in Lok Sabha”
    → Answer: Abolished by the 104th Amendment Act 2019; Article 331 omitted; no Anglo-Indian nominated seats now.

Institutionally, this marks the end of community-specific nomination at the Union legislative level; only expertise-based nomination in Rajya Sabha survives.

3. Rajya Sabha

3.1 Constitutional Basis and Nature

  • Article 80: Composition of the Council of States.

  • Article 81: Composition of Lok Sabha; used for comparison.

  • Article 83(1): Rajya Sabha is a continuing chamber, not subject to dissolution; one third of members retire every two years.

  • Fourth Schedule: Allocation of Rajya Sabha seats among States and Union Territories.

Rajya Sabha is intended to be a federal chamber representing the States and certain UTs, with an element of expert nomination by the President.

3.2 Maximum Strength and Present Composition

3.2.1 Constitutional Maximum

Under Article 80:

  • Total maximum membership: 250

    • Up to 238 representatives of the States and Union Territories

    • 12 nominated members by the President

3.2.2 Present Strength (as of now)

Official and standard references give the present actual composition as:

  • Total strength: 245

    • 233 elected members:

      • States plus 3 UTs with representation (Delhi, Puducherry, Jammu & Kashmir)

    • 12 nominated members

UT representation:

  • Delhi: 3

  • Puducherry: 1

  • Jammu & Kashmir: 4
    Only these three UTs have Rajya Sabha seats.

This explains why the constitutional maximum is 250, but we operate at 245, leaving a small cushion that could be used in future by increasing elected seats via amendment of the Representation of the People Act and the Fourth Schedule.

3.3 Representation of States in Rajya Sabha

3.3.1 Constitutional Scheme

Key features under Article 80 and Fourth Schedule:

  1. Representatives of States

    • Elected by the elected members of the State Legislative Assemblies.

    • Voting method: Proportional representation by Single Transferable Vote (STV) system, with open ballot (not secret) under RPA amendments.

  2. Representatives of Union Territories

    • Elected by the members of the legislative assemblies of UTs having a legislature, similarly by STV.

  3. Allocation of seats per State/UT

    • Specified in Fourth Schedule, broadly in proportion to population, but not strictly equal.

    • Larger States get more seats, but smaller States are consciously over-represented to protect federal balance.

Some indicative figures (high-yield for Prelims):

  • Uttar Pradesh: 31 (highest)

  • Maharashtra: 19

  • Tamil Nadu: 18

  • Bihar: 16

  • West Bengal: 16

  • Karnataka: 12

  • Gujarat: 11

  • Andhra Pradesh: 11

  • Most small States have between 1 and 7 seats.

3.3.2 Election System and Federal Implications

  • Rajya Sabha members are indirectly elected, which makes them:

    • Representatives of the people of the States, not of State governments as corporate entities.

  • This was clarified in Kuldip Nayar v Union of India (2006), where the Supreme Court upheld:

    • Removal of the residence requirement for Rajya Sabha candidates as valid.

    • Open ballot system in RS elections as not violating secrecy of vote or free choice.

    • Held that it is not essential to federalism that Rajya Sabha MPs must be residents of the State they represent; they represent the people, not territorial governments.

This judgement shifted Rajya Sabha further towards being a national-level party chamber with a federal flavour, rather than a pure Council of States in the classical sense (like the US Senate).

3.4 Nominated Members of Rajya Sabha – Criteria and Significance

3.4.1 Constitutional Provisions

Under Article 80(1)(a) and Article 80(3):

  • The President of India nominates 12 members to Rajya Sabha.

  • Criteria under Article 80(3):

    • Persons having special knowledge or practical experience in:

      • Literature

      • Science

      • Art

      • Social service

Important distinctions:

  • This nomination is expertise-based, not community-based (unlike Anglo-Indian nomination which was community-based and now abolished).

  • Nominated members are full members of the House with almost all the same powers and privileges as elected members.

3.4.2 Powers and Position of Nominated Members

  1. Voting rights in the House

    • They can vote on all questions in Rajya Sabha, including ordinary legislation, Constitutional amendments and motions.

  2. Election of President and Vice President

    • Presidential election:

      • Electoral college only includes elected MPs and MLAs.

      • Nominated members of either House cannot vote.

    • Vice-President election:

      • Electoral college consists of all members of both Houses, elected and nominated.

      • So nominated RS members can vote for Vice-President.

  3. Anti-defection law and political party affiliation

Under Tenth Schedule, para 2(1) and 2(3):

  • A nominated member may:

    • Join a political party within six months of taking his or her seat, without disqualification.

    • If he or she joins a political party after six months, it triggers disqualification under anti-defection law.

Thus:

  • Newly nominated members have a six-month window to decide whether to remain independent or formally join a party.

  • In practice, many nominated members either align informally or formally with ruling party politics, which partially undermines the image of “non-partisan experts”.

  1. Eligibility for office

  • Nominated members can be appointed as Ministers (must become elected MP within 6 months if from outside Parliament, but nominated MPs already satisfy requirement of being an MP).

  • One of them can be elected as Deputy Chairman of Rajya Sabha (though usually a party MP is chosen).

3.4.3 Political and Institutional Significance

  1. Expert voice and deliberative quality

    • Nomination allows Parliament to incorporate eminent scientists, litterateurs, artists, social workers, diplomats, lawyers etc.

    • Historically, many nominees have enriched debates on culture, education, social justice and foreign policy.

  2. Symbolic legitimacy and national integration

    • It signals that Parliament is not just a party arena but a forum where non-party expertise and cultural icons have a place.

    • It softens the image of a purely majoritarian institution.

  3. Political use and criticism

    • In reality, nomination is frequently used to:

      • Reward loyalists, celebrities close to ruling parties, or

      • Co-opt influential public figures.

    • This has raised questions whether the Article 80(3) criteria are being genuinely applied, or nomination is becoming another tool of patronage.

  4. Basic-structure implications

    • Role of nominated members is sometimes questioned on democratic-legitimacy grounds.

    • On the other hand, they can be defended as part of the deliberative democracy aspect of the basic structure, balancing electoral populism with expertise.

  5. Contemporary political relevance

    • Recently, some nominated members have joined ruling parties soon after nomination, boosting the government’s strength in Rajya Sabha. This is formally allowed by the Tenth Schedule but politically controversial because it blurs the line between expert nomination and backdoor partisan strengthening.

4. Comparative Summary for UPSC

You should be able to reproduce, in exam conditions, a crisp comparative table and then expand as needed in Mains answers.

4.1 Lok Sabha

  • Constitutional basis: Articles 81, 330, 327, 329, previously 331.

  • Original maximum strength: 552 (530 States, 20 UTs, 2 Anglo-Indian nominated).

  • Present constitutional maximum (post-104th):

    • 550 elected (530 States + 20 UTs).

    • No Anglo-Indian nomination.

  • Present actual strength:

    • 543 elected members, all from territorial constituencies.

  • Reservation:

    • SC: 84 seats, ST: 47 seats, up to 2030 (Article 334 as amended).

    • Women: One-third of seats to be reserved, including within SC/ST seats, once 106th Amendment is operational after Census and delimitation.

  • Representation mechanism:

    • Direct election via first-past-the-post in single-member constituencies.

    • Seat allocation across States frozen according to 1971 population until after Census post-2026, though boundaries now reflect 2001 Census.

4.2 Rajya Sabha

  • Constitutional basis: Article 80, 83, Fourth Schedule.

  • Maximum strength: 250

    • Up to 238 elected (States + UTs)

    • 12 nominated by President.

  • Present strength: 245

    • 233 elected representatives of States and UTs (Delhi, J&K, Puducherry)

    • 12 nominated members.

  • Representation of States:

    • Seats per State allocated by Fourth Schedule, broadly by population with deliberate over-representation of smaller States.

    • Members elected by MLAs via STV with open ballot.

  • Nominated members:

    • 12 persons of special knowledge or practical experience in literature, science, art and social service (Article 80(3)).

    • Can vote in all House matters and in Vice-President election but not for President.

    • Can freely join any party within 6 months, beyond which defection rules apply.

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