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Course Content
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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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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Key Points
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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Key Points
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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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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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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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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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)

Pre-Reading Material

1. Constitutional Basis of Parliament (Articles 79 to 122)

The entire framework, composition, powers, and procedures of the Parliament of India are meticulously laid out in the Constitution.

  • Constitutional Location: The provisions concerning the Parliament are enshrined in Part V of the Indian Constitution, under Chapter II, titled “Parliament.” This chapter spans from Article 79 to Article 122.

  • Significance of this Chapter: These articles provide a complete constitutional blueprint for the Union Legislature. They cover everything from its very constitution (Article 79) and composition of its two Houses (Articles 80 and 81), to the qualifications of members (Article 84), sessions of Parliament (Article 85), officers of Parliament (like the Speaker and Chairman), conduct of business, legislative procedures (including the passage of bills), and parliamentary privileges.

2. Components of Parliament

The foundational article that defines the composition of the Parliament is Article 79. It is crucial to understand that Parliament is not just the two legislative houses but a trinity of institutions.

Article 79: Constitution of Parliament

“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.”

Based on this article, the Parliament of India is composed of three distinct parts:

  1. The President of India

  2. The Council of States (Rajya Sabha)

  3. The House of the People (Lok Sabha)

Let’s explore each component in exhaustive detail.

2.1 The President: An Integral Part of Parliament

A common misconception is to view the President as being separate from the legislature. However, the Constitution deliberately makes the President an inseparable part of the Parliament. Although the President is not a member of either House and does not sit in Parliament to attend its meetings, he/she performs indispensable legislative functions. A bill passed by both the Lok Sabha and the Rajya Sabha cannot become law (an Act) until it receives the President’s assent.

The legislative role of the President underscores the integration of the executive and legislative branches in India’s parliamentary system, mirroring the British model of ‘King-in-Parliament’.

Key Legislative Functions of the President:

  • Summoning and Proroguing Parliament (Article 85): The President has the power to summon (call a session) and prorogue (terminate a session) both Houses of Parliament.

  • Dissolving the Lok Sabha (Article 85): While the Rajya Sabha is a permanent body, the Lok Sabha can be dissolved by the President on the advice of the Prime Minister, leading to fresh elections.

  • Addressing Parliament (Article 87): The President addresses a joint sitting of both Houses at the commencement of the first session after each general election and the first session of each year. This address outlines the government’s policies and legislative agenda.

  • Assent to Bills (Article 111): This is the most critical legislative function. A bill passed by both Houses is presented to the President for assent. The President can:

    • Give assent (the bill becomes an Act).

    • Withhold assent (the bill ends).

    • Return the bill (if it’s not a Money Bill) for reconsideration. However, if the Houses pass the bill again, with or without amendments, the President must give their assent.

  • Ordinance-Making Power (Article 123): The President can promulgate ordinances when Parliament is not in session. These ordinances have the same force and effect as an Act of Parliament but must be approved by Parliament within six weeks of its reassembly.

  • Nominating Members: The President nominates 12 members to the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art, and social service (Article 80). Until recently, the President also nominated two members from the Anglo-Indian community to the Lok Sabha if the community was not adequately represented (Article 331), a provision that was discontinued by the 104th Constitutional Amendment Act, 2019.

2.2 The Council of States (Rajya Sabha) – The Upper House

The Rajya Sabha, or the Council of States, embodies the federal principle of the Indian polity by representing the states and union territories at the Union level.

  • Composition (Article 80):

    • Maximum Strength: The Constitution prescribes a maximum strength of 250 members.

    • Breakdown:

      • Up to 238 members are to be representatives of the states and union territories.

      • 12 members are nominated by the President (as mentioned above).

    • Current Strength: The current strength of the Rajya Sabha is 245 members.

      • 233 members represent the states and union territories.

      • 12 members are nominated.

  • Representation of States and Union Territories:

    • Method of Election: The representatives of the states are elected by the elected members of the State Legislative Assemblies. The election is held in accordance with the system of proportional representation by means of the single transferable vote (STV). This indirect method of election is intended to ensure representation for smaller parties in the state assemblies.

    • Allocation of Seats: The allocation of seats to each state in the Rajya Sabha is not equal (unlike the US Senate). It is based on the population of the state. This is detailed in the Fourth Schedule of the Constitution. For example, Uttar Pradesh, with its large population, has 31 seats, while smaller states like Goa, Sikkim, and Mizoram have only one seat each. This system gives a federal character but with a unitary tilt, as more populous states have a greater say.

    • Representation of Union Territories: Only UTs with a legislative assembly (currently Delhi, Puducherry, and Jammu & Kashmir) send representatives to the Rajya Sabha. These members are also elected by the members of their respective assemblies.

  • Duration (Article 83):

    • The Rajya Sabha is a permanent or continuing chamber. It is not subject to dissolution.

    • One-third of its members retire every second year. This ensures continuity in its functioning.

    • The term of an individual member is six years. The retiring members are eligible for re-election and re-nomination.

  • Special Powers of Rajya Sabha: The Rajya Sabha, despite being the Upper House, has been vested with certain exclusive or special powers that are not available to the Lok Sabha. These powers reinforce its federal character:

    1. Power to legislate on a State Subject (Article 249): If the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to make laws on a matter enumerated in the State List, Parliament becomes empowered to legislate on that matter for the whole or any part of India.

    2. Power to create All-India Services (Article 312): The Rajya Sabha can initiate the creation of a new All-India Service (like IAS, IPS) if it passes a resolution supported by a two-thirds majority, declaring it necessary in the national interest.

2.3 The House of the People (Lok Sabha) – The Lower House

The Lok Sabha, or the House of the People, is the popular house of Parliament, representing the people of India directly. It holds a pre-eminent position in the Indian parliamentary system, especially in financial matters and in determining the life of the government.

  • Composition (Article 81):

    • Maximum Strength: The Constitution provides for a maximum strength of 552 members.

    • Breakdown:

      • Up to 530 members to represent the states.

      • Up to 20 members to represent the Union Territories.

      • Up to 2 members from the Anglo-Indian community (Nominated by the President). Note: This provision has been discontinued by the 104th Amendment Act, 2019. Therefore, the provision for nomination is no longer active.

    • Current Strength: The current strength of the Lok Sabha is 543 members, all of whom are elected representatives.

  • Method of Election:

    • The members of the Lok Sabha are chosen by direct election from territorial constituencies in the states.

    • The election is based on the principle of Universal Adult Franchise. Every Indian citizen who is 18 years of age or older is eligible to vote (Article 326), irrespective of caste, religion, race, sex, or education. The voting age was reduced from 21 to 18 by the 61st Constitutional Amendment Act, 1988.

  • Duration (Article 83):

    • The normal term of the Lok Sabha is five years from the date of its first meeting after the general elections.

    • After the completion of five years, it is automatically dissolved.

    • The President can also dissolve the Lok Sabha before the completion of its term on the advice of the Prime Minister.

    • The term of the Lok Sabha can be extended during a period of National Emergency (under Article 352) by a law of Parliament for one year at a time, for any length of time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

  • Special Powers of Lok Sabha: The Lok Sabha enjoys certain exclusive powers which make it more powerful than the Rajya Sabha:

    1. Control over the Executive: The Council of Ministers is collectively responsible only to the Lok Sabha (Article 75(3)). A No-Confidence Motion can be moved and passed only in the Lok Sabha. If it is passed, the government must resign.

    2. Supremacy in Financial Matters: A Money Bill (Article 110) can only be introduced in the Lok Sabha. The Rajya Sabha cannot reject or amend a Money Bill; it can only make recommendations, which the Lok Sabha may or may not accept. The Rajya Sabha must return the bill within 14 days. The Speaker of the Lok Sabha has the final authority to certify whether a bill is a Money Bill or not.

    3. A Financial Bill (Category I) under Article 117(1) can also be introduced only in the Lok Sabha.

3. The Principle of Bicameralism: Rationale and Relevance

Bicameralism refers to a system of legislature with two houses or chambers. The Indian Constitution adopted this model for the Union Parliament.

  • Rationale for Adoption: The framers of the Constitution had several compelling reasons to opt for a bicameral legislature:

    1. Federal Representation: As a vast and diverse country with a federal structure, a second chamber was deemed essential to represent the interests of the states. The Rajya Sabha was created specifically for this purpose.

    2. Check on Hasty Legislation: A second chamber acts as a check against hurried, defective, or ill-considered legislation passed by the first chamber (Lok Sabha), which may be swayed by popular passion or a brute majority. The Rajya Sabha provides a forum for a second, more dispassionate look at legislation.

    3. Platform for Experts: The provision for nominating 12 members to the Rajya Sabha allows for the inclusion of eminent personalities and experts from various fields (like art, science, literature, social service) who may not be suited for the rough and tumble of direct electoral politics. Their expertise can enrich parliamentary debates and law-making.

    4. Ensuring Legislative Continuity: The Lok Sabha is a temporary house subject to dissolution. The Rajya Sabha, being a permanent chamber, ensures that there is always a legislative body in existence, which is crucial during periods when the Lok Sabha is dissolved.

  • Contemporary Relevance and Critique:

    • Relevance: Bicameralism remains highly relevant for upholding the federal balance, especially in an era of increasing centralization. The Rajya Sabha often serves as a forum where regional concerns are voiced more assertively. It has also played a crucial role in scrutinizing government bills and policies.

    • Critique: Critics argue that the Rajya Sabha has, at times, become a “backdoor” for politicians who have lost Lok Sabha elections. Its role as a delaying chamber can sometimes obstruct the legislative agenda of a popularly elected government. The argument is also made that the purpose of representing states is diluted because members often vote along party lines rather than representing state interests.

4. Comparison with Other Federal Legislatures

A comparative perspective helps in appreciating the unique features of the Indian Parliament.

India vs. The United Kingdom (UK)

  • System: Both India and the UK follow the Parliamentary System of government.

  • Head of State’s Role: In both countries, the Head of State (President in India, Monarch in the UK) is an integral part of the Parliament.

  • Lower House: The Lok Sabha in India is analogous to the House of Commons in the UK. Both are directly elected and hold primary power.

  • Upper House (Key Difference):

    • Rajya Sabha (India): It is a federal chamber representing the states, with members indirectly elected by state legislatures and some nominated members. It has a fixed composition and defined, albeit limited, powers.

    • House of Lords (UK): It is a non-federal chamber. Its membership is largely composed of hereditary peers and life peers (appointed). It does not represent any federating units and its powers have been significantly curtailed over time, making it much weaker than the Rajya Sabha.

  • Sovereignty of Parliament (Key Difference): The British Parliament is considered sovereign, meaning it can make or unmake any law, and no authority can question its validity. The Indian Parliament, on the other hand, is not sovereign. Its powers are limited by a written Constitution, the federal system, a charter of Fundamental Rights, and the power of Judicial Review held by the Supreme Court. The Basic Structure Doctrine further restricts Parliament’s power to amend the Constitution.

India vs. The United States of America (USA)

  • System (Key Difference): India has a Parliamentary System, whereas the USA has a Presidential System. In the US, there is a strict separation of powers between the executive and the legislature. The US President is the head of the executive but is not a part of the legislature (Congress).

  • Legislature’s Name: The legislature in the USA is called the Congress.

  • Lower House: The Lok Sabha is comparable to the US House of Representatives, with members directly elected based on population.

  • Upper House (Key Difference):

    • Rajya Sabha (India): Represents states based on their population (asymmetrical representation). It is weaker than the Lok Sabha, especially in financial matters.

    • Senate (USA): Represents states on the principle of equality. Every state, regardless of its size or population, sends two senators. This makes the US Senate a true federal chamber. It is considered the most powerful upper house in the world, possessing equal legislative power to the House of Representatives and having exclusive powers in ratifying treaties and confirming presidential appointments. This stands in stark contrast to the subordinate role of the Rajya Sabha.

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