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Indian Polity — The Parliament

Indian Polity — The Parliament

Parliament of India
Figure 1: The Parliament of India consists of the President, Rajya Sabha, and Lok Sabha.

1. Introduction

  • The Parliament of India consists of three parts: the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).
KNOWLEDGE NUGGET

  • Three Parts: President, Rajya Sabha, Lok Sabha
  • Articles: 79 to 122 (Part V)
  • Hindi Names: Rajya Sabha and Lok Sabha adopted in 1954

2. Rajya Sabha (Council of States)

Strength and Composition

  • The maximum strength of the Rajya Sabha is 250:
    • 238 members — representatives of states & UTs (elected indirectly)
    • 12 members — nominated by the President
  • The current strength of the House is 245:
    • 229 members represent the states
    • 4 members represent the UTs
    • 12 are nominated by the President
  • Minimum age: 30 years.
  • The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that state was dispensed with in 2003.

Election and Representation

  • The representatives of states are elected by the members of State Legislative Assemblies.
  • The representatives of each UT are indirectly elected by members of an electoral college specially constituted for the purpose.
  • Only three UTs have representation in the Rajya Sabha: Delhi, Puducherry, and Jammu & Kashmir.

Term and Retirement

  • The Rajya Sabha is a continuing chamber — a permanent body not subject to dissolution.
  • One-third of its members retire every second year.
  • The retiring members are eligible for re-election and renomination any number of times.
  • The Constitution has not fixed the term of office of members of the Rajya Sabha — left it to Parliament.

Presiding Officers

  • The presiding officer of the Rajya Sabha is known as the Chairman.
  • The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
  • The Chairman can be removed from office only if he is removed from the office of the Vice-President.
  • The Vice-President cannot preside over a sitting of the Rajya Sabha when a resolution for his removal is under consideration. However, he can be present, speak, and take part in the proceedings.
  • Unlike the Speaker, the Chairman is not a member of the House.
  • Like the Speaker, the Chairman also cannot vote in the first instance. However, he can cast a vote in the case of an equality of votes.

Deputy Chairman

  • The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members.
  • Performs the duties of the Chairman's office when:
    • The office is vacant
    • The Vice-President acts as President or discharges the functions of the President
    • The Chairman is absent from the sitting of the House
RAJYA SABHA — KEY FACTS

  • Maximum Strength: 250
  • Current Strength: 245
  • Nominated Members: 12 (by President)
  • Minimum Age: 30 years
  • Retirement: 1/3 every 2 years
  • Chairman: Vice-President (ex-officio)
  • UTs Represented: Delhi, Puducherry, J&K

3. Lok Sabha (House of the People)

Strength and Composition

  • The maximum strength of the Lok Sabha is fixed at 550:
    • 530 members — representatives of states
    • 20 members — representatives of UTs
  • The current strength of Lok Sabha is 543:
    • 530 members represent the states
    • 13 members represent the UTs
  • Minimum age: 25 years.
  • According to the Representation of People Act (1951), must be registered as an elector for a parliamentary constituency.

Speaker

  • The Speaker is elected by the Lok Sabha from amongst its members.
  • The date of election of the Speaker is fixed by the President.
  • Usually, the Speaker remains in office during the life of the Lok Sabha.
  • He must vacate his office earlier in any of the following cases:
    • If he ceases to be a member of the Lok Sabha
    • If he resigns by writing to the Deputy Speaker
    • If he is removed by a resolution passed by a majority of all then members of the Lok Sabha (14 days' advance notice required)
  • He is the guardian of the powers and privileges of the members, the House, and its committees.
  • He is the principal spokesman of the House, and his decision in all Parliamentary matters is final.

Key Powers of the Speaker

  • Maintains order and decorum in the House.
  • Adjourns the House or suspends the meeting in the absence of a quorum (one-tenth of total strength).
  • Presides over a joint sitting of the two Houses of Parliament.
  • Does not vote in the first instance, but can exercise a casting vote in case of a tie.
  • Decides whether a bill is a Money Bill or not; his decision is final.
  • Acts as the ex-officio chairman of the Indian Parliamentary Group.

Deputy Speaker

  • The Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
  • He is elected after the election of the Speaker has taken place.
  • The date of election of the Deputy Speaker is fixed by the Speaker.
LOK SABHA — KEY FACTS

  • Maximum Strength: 550
  • Current Strength: 543
  • Minimum Age: 25 years
  • Term: 5 years
  • Speaker: Elected by Lok Sabha members
  • Deputy Speaker: Elected after Speaker

4. Vacating of Seats

Ground Description
Double Membership A person cannot be a member of both Houses of Parliament at the same time.
  • If elected to both Houses, must intimate within 10 days which House he desires to serve.
  • If a sitting member of one House is elected to the other, his seat in the first House becomes vacant.
  • Similarly, cannot be member of Parliament and state legislature at the same time. If so elected, Parliament seat becomes vacant if he does not resign from state legislature within 14 days.
Disqualification If a member becomes subject to any disqualification specified in the Constitution, his seat becomes vacant.
Resignation A member may resign by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha. The Chairman/Speaker may not accept if the resignation is not voluntary or genuine.
Absence A House can declare a seat vacant if a member is absent from all its meetings for a period of sixty days without permission.

5. Sessions of Parliament

Summoning

  • The President summons each House of Parliament to meet.
  • The maximum gap between two sessions cannot be more than six months.
  • Three sessions in a year:
    1. Budget Session: February to May
    2. Monsoon Session: July to September
    3. Winter Session: November to December

Lame-duck Session

  • Refers to the last session of the preceding Lok Sabha after a new Lok Sabha has been elected.
  • Those existing members who could not get re-elected are called Lame-ducks.

Adjournment

  • Suspends the work in a sitting for a specified time (hours, days, or weeks).

Adjournment Sine Die

  • Terminating a sitting of Parliament for an indefinite period.
  • The power lies with the presiding officer of the House.

Prorogation

  • The presiding officer declares the House adjourned sine die when the business of a session is completed.
  • Within the next few days, the President issues a notification for prorogation.
  • The President can also prorogue the House while in session.

Dissolution

  • Rajya Sabha is not subject to dissolution (permanent House).
  • Only the Lok Sabha is subject to dissolution.
  • Dissolution ends the very life of the existing House.
  • Ways of dissolution:
    • Automatic: On expiry of its tenure of five years or extended during national emergency
    • Presidential: President decides to dissolve the House
LAPSING OF BILLS ON DISSOLUTION

  • Lapse:
    • Bill pending in Lok Sabha
    • Bill passed by Lok Sabha but pending in Rajya Sabha
  • Do Not Lapse:
    • Bill pending in Rajya Sabha but not passed by Lok Sabha
    • Bill passed by both Houses but pending President's assent
    • Bill passed by both Houses but returned by President for reconsideration
    • Bill where joint sitting has been notified before dissolution

6. Summary: Parliament at a Glance

Aspect Rajya Sabha Lok Sabha
Maximum Strength 250 550
Current Strength 245 543
Minimum Age 30 years 25 years
Nature Continuing Chamber (Permanent) Not permanent (5-year term)
Presiding Officer Chairman (Vice-President ex-officio) Speaker (elected by members)
Retirement 1/3 every 2 years Dissolution after 5 years
UTs Represented Delhi, Puducherry, J&K All UTs
Key Takeaways for UPSC

  • Parliament: President + Rajya Sabha + Lok Sabha
  • Rajya Sabha: Continuing chamber — 1/3 retire every 2 years — Chairman: Vice-President
  • Lok Sabha: 5-year term — Speaker elected by members — Can be dissolved
  • Minimum Age: Rajya Sabha — 30 years; Lok Sabha — 25 years
  • Speaker's Powers: Presides over joint sitting, decides Money Bill, casting vote, quorum
  • Double Membership: Cannot be member of both Houses — must choose within 10 days
  • Vacating Seat: Disqualification, resignation, absence for 60 days without permission
  • Lapsing of Bills: Bills pending in Lok Sabha lapse; those passed by both Houses and awaiting President's assent do not lapse
High-Yield Interactive UPSC Quiz (The Parliament)

Q1. The Parliament of India consists of how many parts?

Correct Answer: B. The Parliament consists of three parts — the President, the Rajya Sabha, and the Lok Sabha.

Q2. What is the maximum strength of the Rajya Sabha?

Correct Answer: C. The maximum strength of the Rajya Sabha is 250 (238 elected + 12 nominated by the President).

Q3. How many members can the President nominate to the Rajya Sabha?

Correct Answer: C. The President nominates 12 members to the Rajya Sabha who have special knowledge or practical experience in literature, science, art, and social service.

Q4. What is the minimum age to become a member of the Rajya Sabha?

Correct Answer: B. The minimum age to become a member of the Rajya Sabha is 30 years, while for the Lok Sabha it is 25 years.

Q5. The Chairman of the Rajya Sabha is:

Correct Answer: B. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.

Q6. What is the minimum age to become a member of the Lok Sabha?

Correct Answer: C. The minimum age to become a member of the Lok Sabha is 25 years.

Q7. The Speaker of the Lok Sabha resigns by writing to:

Correct Answer: B. The Speaker resigns by writing to the Deputy Speaker of the Lok Sabha.

Q8. The maximum gap between two sessions of Parliament cannot exceed:

Correct Answer: D. The maximum gap between two sessions of Parliament cannot be more than six months.

Q9. A member's seat in Parliament becomes vacant if he is absent for how many days without permission?

Correct Answer: C. A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission.

Q10. Which of the following bills DOES NOT lapse on the dissolution of the Lok Sabha?

Correct Answer: C. A bill passed by both Houses but pending the President's assent does NOT lapse on the dissolution of the Lok Sabha.