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Constitutional Law

Parliament

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 23-May-2024

Introduction

Being the supreme legislative body, the Parliament is the legislative organ of a Union government. It occupies a pre-eminent and central position in the Indian democratic political system due to adoption of the parliamentary form of government.

  • The first elected Parliament came into existence in April 1952.

Constitutional Provisions

  • Articles 79 to 122 contained in Part V of the Constitution of India,1950 (COI) deal with the organization, composition, duration, officers, procedures, privileges and powers of the Parliament.
  • Article 79 of the COI deals with the constitution of Parliament. It states that 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.

Organs of the Parliament

President

  • About:
    • The President is the head of the state and is the highest formal authority in the country.
    • The President of India is not a member of either of the Houses and does not sit in the Parliament to attend its meetings, but he/she is an integral part of the Parliament.
  • Appointment:
    • The elected Members of Parliament (MPs) and the elected Members of the Legislative Assemblies (MLAs) elect the President of India.
  • Powers:
    • Assent for Passing a Bill: A bill passed by both the Houses of Parliament cannot become law without the President’s assent.
    • Summoning and Prorogation of Houses: He has the power to summon and prorogate both the Houses, dissolve the Lok Sabha and issue ordinances when the Houses are not in session.

Rajya Sabha

  • About:
    • It is the Upper House (Council of States) and it represents the states and union territories of the Indian Union.
    • The Rajya Sabha is called the permanent House of the Parliament as it is never fully dissolved.
    • The IV Schedule of the COI deals with the allocation of seats in the Rajya Sabha to the states and union territories.
  • Composition:
    • The maximum strength of Rajya Sabha is 250 (out of which 238 members are representatives of the states & union territories (elected indirectly) and 12 are nominated by the President).
  • Election of Representatives:
    • The representatives of states are elected by the members of state legislative assemblies.
    • The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for this purpose.
    • The members nominated by the President are those who have special knowledge or practical experience in art, literature, science and social service.
  • Functions:
    • Rajya Sabha has an important role of reviewing and altering the laws initiated by the Lok Sabha.
    • It can also initiate legislation and a bill is required to pass through the Rajya Sabha in order to become a law.
  • Powers:
    • State Related Matters: The Rajya Sabha provides representation to the States. Therefore, any matter that affects the States must be referred to it for its consent and approval.
    • If the Union Parliament wishes to remove/transfer a matter from the State list, the approval of the Rajya Sabha is necessary.

Lok Sabha

  • About:
    • It is the Lower House (House of People) and it represents the people of India as a whole.
  • Composition:
    • The maximum strength of the Lok Sabha is fixed at 550 out of which 530 members are to be the representatives of the states and 20 of the UTs.
  • Election of Representatives:
    • The representatives of states are directly elected by the people from the territorial constituencies in the states.
    • By the Union Territories (Direct Election to the House of the People) Act, 1965, the members of Lok Sabha from the union territories are chosen by direct election.
  • Functions:
    • One of the most important functions of the Lok Sabha is to select the executive, a group of persons who work together to implement the laws made by the Parliament.
  • Powers:
    • Decisions in Joint Sitting: Any ordinary law needs to be passed by both the Houses. However, in case of any difference between the two Houses, the final decision is taken by calling a joint session of both the Houses.Due to a larger strength, the view of the Lok Sabha is likely to prevail in such a meeting.
    • Power in Money Matters: Lok Sabha exercises more powers in money matters. Once the Lok Sabha passes the budget of the government or any other money related law, the Rajya Sabha cannot reject it.
    • Power over Council of Ministers: The Lok Sabha controls the Council of Ministers.