The Parliament is the legislative organ of the Union Government of India.
It holds a central and pre-eminent position in the Indian democratic framework because India follows the parliamentary form of government (also known as the Westminster model).
The Constitutional provisions related to the Parliament are detailed in:
Articles 79 to 122 under Part V of the Constitution.
These Articles comprehensively cover aspects such as:
Organisation of Parliament
Composition of both Houses
Duration and sessions
Officers like the Speaker and Chairman
Procedures of law-making
Privileges and immunities of members
Powers and functions of Parliament
Organisation of Parliament
Structure of the Parliament:
As per the Constitution, the Parliament of India consists of three components:
The President of India
The Rajya Sabha (Council of States)
The Lok Sabha (House of the People)
Hindi Nomenclature:
In 1954, the official Hindi names were adopted:
Rajya Sabha for the Council of States.
Lok Sabha for the House of the People.
House Classification:
Rajya Sabha is the Upper House, also called the Second Chamber or House of Elders.
Lok Sabha is the Lower House, referred to as the First Chamber or Popular House.
Representation:
Rajya Sabha represents the states and union territories of the Indian Union.
Lok Sabha represents the people of India as a whole.
Comparison with USA: In the U.S. Senate, each state has equal representation—2 members per state, regardless of population.
Representation of Union Territories
Elected by:The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
Method: Same as states—Proportional representation via STV.
UTs with representation:
Delhi
Puducherry
Jammu & Kashmir
Note: Other UTs have too small a population to qualify for Rajya Sabha representation.
Nominated Members
Number: 12 members.
Appointed by: The President of India.
Criteria: Individuals with special knowledge or practical experience in:
Art
Literature
Science
Social service
Purpose: To allow eminent personalities to contribute to legislative debates without undergoing elections.
Comparison with U.S. Senate: The American Senate has no provision for nominated members.
Composition of the Lok Sabha
Maximum and Current Strength
Maximum strength of the Lok Sabha is 550 members:
530 from the states.
20 from the Union Territories.
Current strength (before the nomination provision expired): 543 members
524 representing states.
19 representing Union Territories.
Representation of States
Method of election: Direct election by the people.
Based on territorial constituencies within states.
Principle: Universal adult franchise.
Every citizen aged 18 years or above can vote (unless disqualified by law).
The voting age was lowered from 21 to 18 by the 61st Constitutional Amendment Act, 1988.
Representation of Union Territories
The Constitution empowers Parliament to decide how Union Territories are represented.
The Union Territories (Direct Election to the House of the People) Act, 1965 was passed for this purpose.
Members from UTs are elected directly, like in the states.
Nominated Members (Anglo-Indian Community)
As of now, there are no nominated members in the Lok Sabha.
Earlier provision:
The President of India could nominate two members from the Anglo-Indian community if it was not adequately represented in the Lok Sabha.
This provision was discontinued by the 104th Constitutional Amendment Act, 2019.
As a result, the special representation of the Anglo-Indian community in the Lok Sabha through nomination ceased to exist from 25th January 2020
System of Elections to the Lok Sabha
Territorial Constituencies
Each state is divided into territorial constituencies for the purpose of direct elections to the Lok Sabha.
The Constitution provides two rules to ensure uniform representation:
Each state’s share of seats in the Lok Sabha should be proportional to its population (except for states with population less than 6 million).
Within a state, each territorial constituency should have roughly equal population per seat, ensuring fair intra-state representation.
The term ‘population’ refers to data from the most recent published census.
Readjustment After Each Census
The Constitution requires readjustment after every census in two aspects:
Allocation of seats to each state in the Lok Sabha.
Division of each state into territorial constituencies.
Parliament is empowered to define the authority and method for such readjustment.
Accordingly, the Parliament has enactedthe Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for thispurpose.
Freezing of Seat Allocation
The 42nd Constitutional Amendment Act (1976):
Froze seat allocation and constituency boundaries until 2000, based on the 1971 census.
The 84th Amendment Act (2001):
This ban on readjustment was extended for another 25 years (ie, upto year 2026) by the 84th Amendment Act of 2001, with the same objective of encouraging population limiting measures.
Basis for Rationalisation
The 84th Amendment (2001):
Allowed readjustment and rationalisation of territorial constituencies based on the 1991 census, without changing seat numbers.
The 87th Amendment (2003):
Updated the basis to the 2001 census instead of 1991, again without altering the number of seats per state.
Reservation of Seats for SCs and STs in Lok Sabha
Constitutional Basis
While communal representation was abolished, the Constitution allows reservation of Lok Sabha seats for:
Scheduled Castes (SCs)
Scheduled Tribes (STs)
This reservation is based on population proportions in each state.
Duration and Extension
Originally, the reservation was to be in force for 10 years, i.e., until 1960.
However, it has been periodically extended through constitutional amendments.
The 104th Amendment Act of 2019 extended it up to 2030.
Electoral Process
No separate electorate exists for SC/ST candidates.
All voters in a reserved constituency vote together, regardless of caste or community.
Members of SCs and STs are also eligible to contest from general seats.
Refixing Based on Census
84th Amendment Act (2001):
Provided for refixing of reserved seats using 1991 census data (in line with rationalisation of general seats).
87th Amendment Act (2003):
Revised this and mandated use of 2001 census data for refixing reserved seats.
Duration of the Two Houses – Rajya Sabha and Lok Sabha
Duration of Rajya Sabha (Upper House)
The Rajya Sabha is a continuing chamber, meaning it is a permanent body and cannot be dissolved.
One-third of its members retire every two years, and fresh elections/presidential nominations are held at the start of every third year.
Retiring members are eligible for re-election or re-nomination any number of times.
Term of Office :
The Constitution does not fix the term, but Parliament has done so via the Representation of the People Act, 1951:
Term of each member: 6 years.
Special provision: The act empowered the President to curtail the term of members chosen in the first Rajya Sabha for staggered retirement.
In the first batch, it was decided by lottery as to who should retire. Further, the act also authorised the President to make provisions to govern the order of retirement of the members of the Rajya Sabha
Duration of Lok Sabha (Lower House)
The Lok Sabha is not a continuing chamber.
Its normal term is 5 years from the date of its first sitting after general elections.
It automatically dissolves after 5 years unless:
Dissolved earlier by the President (at any time), which cannot be challenged in court.
Extension during Emergency
During a national emergency, Parliament can extend the term of Lok Sabha:
One year at a time for any length of time.
However, such extension cannot exceed six months after the emergency ceases to operate.
Membership of Parliament
Qualifications for Membership
As per the Constitution:
Must be a citizen of India.
Must make and subscribe to an oath or affirmation before an officer authorized by the Election Commission, swearing:
To bear true faith and allegiance to the Constitution.
To uphold the sovereignty and integrity of India.
Minimum age:
30 years for Rajya Sabha.
25 years for Lok Sabha.
Must possess other qualifications as prescribed by Parliament.
The Parliament has laid down the following additional qualifications in the Representation of People Act (1951):
Must be registered as an elector in any parliamentary constituency. This is same in the case of both, the Rajya Sabha and the Lok Sabha.
Since 2003, candidates for Rajya Sabha need not be electors from the same state.This change was upheld by the Supreme Court in 2006.
To contest a reserved seat, the candidate must belong to a Scheduled Caste or Scheduled Tribe.However, SC/ST members can also contest from general seats.
Disqualifications from Membership
As per the Constitution :
Holds an office of profit under the Union or State government (unless exempted).
Declared to be of unsound mind by a court.
Is an undischarged insolvent.
Is not an Indian citizen, or has acquired foreign citizenship, or has acknowledged allegiance to a foreign state.
Is disqualified under any law made by Parliament.
As per Representation of the People Act, 1951:
Found guilty of certain election offences or corrupt practices.
Convicted and sentenced to imprisonment for two or more years.
Preventive detention is not considered a disqualification.
Fails to submit election expense account within the time
Has an interest in government contracts or works.
Is a director or managing agent or hold an office of profit in a corporation in which the government has at least 25 per cent share.
Dismissed from government service for corruption or disloyalty.
Convicted for promoting enmitybetween different groups or bribery.
Punished for social crimes like untouchability, dowry, or sati.
On questions of disqualification, the President’s decision is final, but only after consulting the Election Commission.
On the question whether a member is subject to any of the above disqualifications, the president’s decision is final. However, he should obtain the opinion of the election commission and act accordingly.
Disqualification on Grounds of Defection (Tenth Schedule)
A person is disqualified under the anti-defection law if:
He voluntarily gives up membership of the political party from which he was elected.
He votes or abstains in the House against party directions without prior permission.
An independent member joins a political party after the election.
A nominated member joins a political party after six months of taking the seat.
Decision Authority:
Rajya Sabha: Decision taken by the Chairman.
Lok Sabha: Decision taken by the Speaker.
As per Supreme Court (1992), such decisions are subject to judicial review.
Vacating of Seats in Parliament
Double Membership
Same individual cannot be a member of both Houses of Parliament simultaneously.
If elected to both Rajya Sabha and Lok Sabha, the individual must choose one within 10 days. Otherwise, the Rajya Sabha seat becomes vacant.
If a sitting member of one House is elected to the other, the first seat becomes vacant.
If elected to two seats in the same House, the member must choose one; otherwise, both seats become vacant.
Parliament–State Legislature overlap:
A person cannot be a member of Parliament and a state legislature simultaneously.
If elected to both, and does not resign from the state legislature within 14 days, the Parliament seat becomes vacant.
Disqualification
If a member becomes disqualified under the Constitution (including defection under the Tenth Schedule), the seat is automatically vacated.
Resignation
A member may resign by writing to:
The Chairman (in case of Rajya Sabha), or
The Speaker (in case of Lok Sabha).
The seat becomes vacant once the resignation is accepted.
However, the resignation may be rejected if the presiding officer believes it is not voluntary or genuine.
Absence
If a member is absent from all sittings for 60 consecutive days without permission, their seat can be declared vacant by the House.
Periods of adjournment beyond 4 days or prorogation are not counted in the 60-day limit.
Other Cases
A member’s seat is also vacated if:
Their election is declared void by a court.
They are expelled from the House.
They are elected as President or Vice-President.
They are appointed Governor of a State.
Note:
If a disqualified person is elected, the Constitution lays down no procedure to declare the election void.
The Representation of the People Act (1951) allows the High Court to declare the election void.
The Supreme Court serves as the appellate body in such cases.
Oath or Affirmation – Requirements for Members of Parliament
Mandatory Oath Before Taking Seat
Every Member of Parliament (MP) must make and subscribe to an oath or affirmation:
Administered by the President of India or by some person appointed by him for this purpose.
The oath/affirmation includes a solemn promise:
To bear true faith and allegiance to the Constitution of India.
To uphold the sovereignty and integrity of India.
To faithfully discharge the duties as a member of Parliament.
Consequences of Not Taking Oath
Until the oath or affirmation is made:
The member cannot vote.
The member cannot participate in the proceedings of the House.
The member does not enjoy parliamentary privileges or immunities.
Penalty for Unauthorized Participation
A person is liable to a penalty of ₹500 per day if they sit or vote as an MP:
Before taking the prescribed oath or affirmation, or
Knowing they are not qualified or are disqualified, or
Knowing they are legally prohibited from sitting or voting under any parliamentary law.
Salaries and Allowances
Constitutional & Statutory Basis
The Constitution allows Parliament to determine the salaries and allowances of MPs.
There is no constitutional provision for pension, but Parliament has made provisions through legislation.
Relevant Laws
Salaries, Allowances and Pension of Members of Parliament Act, 1954 governs MPs.
Salaries and Allowances of Officers of Parliament Act, 1953 governs Presiding Officers (Speaker, Chairman, etc.).
In 1953, the Parliament enacted the Salaries and Allowances of Officers of Parliament Act. Under this Act, “Officer of Parliament” means any of the following officers, namely, the Chairman and Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha.
Salaries of Officers of Parliament:
Chairman and Deputy Chairman of Rajya Sabha
Speaker and Deputy Speaker of Lok Sabha
Provisions:
Their salaries are charged on the Consolidated Fund of India, so not subject to annual budget voting.
Chairman of Rajya Sabha (Vice President):
Salary increased from ₹1.25 lakh to ₹4 lakh per month (2018).
Other Officers (Speaker, Deputy Speaker, Deputy Chairman):
Receive same salary as MPs.
Also receive:
Daily allowance (same as MPs)
Constituency allowance (same as MPs)
Sumptuary Allowance:
Speaker of Lok Sabha: ₹2,000/month (same as Cabinet Minister).
Deputy Speaker of Lok Sabha & Deputy Chairman of Rajya Sabha: ₹1,000/month (same as Minister of State).
Presiding Officers of Parliament
Speaker of Lok Sabha
Election and Tenure
Elected by the Lok Sabha from among its members after its first sitting.
Election date is fixed by the President.
Usually, the Speaker remains in office during the life of the Lok Sabha. However, he has to vacate his office earlier in any of the following three cases:
Ceases to be a member of the Lok Sabha,
Resigns by writing to the Deputy Speaker,
Removed by a resolution passed by a majority of all the then members of Lok Sabha (14 days’ notice required).
Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.
Powers and Functions
Head and representative of Lok Sabha.
Final authority on all parliamentary matters.
Guardian of rights and privileges of the House and its members.
Derives powers from:
Constitution
Rules of Procedure of Lok Sabha
Parliamentary convention
Cannot vote in the first instance, but can cast vote in case of a tie.
Deputy Speaker of Lok Sabha
Election:
Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
Elected after the Speaker; election date fixed by the Speaker.
Vacates office if:
Ceases to be a member of the Lok Sabha
Resigns by writing to the Speaker,
Removed by a resolution passed by a majority of all the then members of Lok Sabha. (14 days’ notice required).
Powers and Functions
Performs duties of Speaker in his absence or vacancy.
Presides over joint sitting if Speaker is absent.
Not subordinate to Speaker, responsible directly to the House.
Can vote only in case of a tie while presiding.
When a resolution for the removal of the Deputy Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.
When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House.
The Deputy Speaker is entitled to a regular salary and allowance fixed by Parliament, and charged on the Consolidated Fund of India.
The Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.
Tradition since 11th Lok Sabha: Speaker from ruling party; Deputy Speaker from opposition.
Panel of Chairpersons (Lok Sabha)
Up to 10 members nominated by the Speaker.
Can preside over proceedings in absence of Speaker/Deputy Speaker.
Cannot preside if Speaker/Deputy Speaker post is vacant; then, President appoints an MP to perform duties temporarily.
Speaker Pro Tem
As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem.
Usually the senior-most member is appointed.
Administers oath to new MPs and conducts election of new Speaker.
Ceases to hold office once new Speaker is elected.
Chairman of Rajya Sabha
Vice President of India is the ex-officio Chairman of Rajya Sabha.
Not a member of the Rajya Sabha.
The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President.
Performs usual presiding duties but:
Cannot decide Money Bills.
Does not preside over joint sittings (Speaker does).
Cannot preside during resolution for his removal, but can participate without voting.
Receives salary fixed by Parliament and charged on the Consolidated Fund of India.
During any period when the Vice-President acts as President or discharges the functions of the President ,hs/she draws President’s salary, not that of Chairman.
Deputy Chairman of Rajya Sabha
Elected by Rajya Sabha members from among themselves.
Vacates office if:
Ceases to be a member,
Resigns by writing to the Chairman
Removed by resolution passed by a majority of all the then members of the Rajya Sabha with 14 days’ notice.
Presides in absence or vacancy of Chairman or when Vice President acts as President.
Not subordinate to Chairman, responsible to Rajya Sabha.
Has casting vote only in case of a tie.
Draws salary and allowances as fixed by Parliament.
Panel of Vice-Chairpersons (Rajya Sabha)
Under the Rules of Rajya Sabha, the Chairman nominates from amongst the members a panel of vice-chairpersons.
Any one of them may preside in absence of both Chairman and Deputy Chairman.
Cannot preside if Chairman/Deputy Chairman post is vacant—in such case, President appoints a member temporarily.
Secretariat of Parliament
Each House has its own secretariat with separate staff, though there can be some posts common to both the Houses.
Headed by a Secretary-General, a permanent officer appointed by the respective presiding officer.
Recruitment and service conditions are regulated by Parliament.
