Parliament of India

Overview

The Parliament of India is the supreme legislative body of the Union. It is a bicameral legislature consisting of the President and two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The President is not a member of either House but is an integral part of Parliament — all bills must receive Presidential assent to become law.

The Parliament is based on the Westminster model, adapted to India's federal structure. While the Lok Sabha represents the people directly, the Rajya Sabha represents the states and union territories.

Lok Sabha (House of the People)

Composition

• Maximum strength: 552 members — 530 from states, 20 from union territories, 2 nominated by the President from the Anglo-Indian community (if not adequately represented). [Note: The 104th Amendment Act, 2019, discontinued the Anglo-Indian nomination provision.]
• Current strength: 543 elected members.
• Election: By direct election from territorial constituencies on the basis of adult suffrage (Article 326). Voting age was lowered from 21 to 18 by the 61st Amendment, 1988.
• Reservation: Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population in each state.

Duration

• Normal term: 5 years from the date of its first meeting.
• Dissolution: The Lok Sabha can be dissolved earlier by the President on the advice of the Prime Minister.
• Emergency extension: During a National Emergency (Article 352), Parliament may extend the term by law for up to 1 year at a time, not exceeding 6 months after the Emergency ceases.

Officers

• Speaker: Elected by the members from among themselves. Presides over sittings, maintains order, and decides on points of order. The Speaker does not vote in the first instance but has a casting vote in case of a tie. The Speaker is the highest authority of the Lok Sabha and continues in office even after dissolution until a new Speaker is elected.
• Deputy Speaker: Elected by the members. Acts as Speaker when the office is vacant or the Speaker is absent.
• Secretary-General: The administrative head of the Lok Sabha Secretariat, appointed by the Speaker.

Quorum

One-tenth of the total membership (currently 54 out of 543) constitutes the quorum for a sitting of the House.

Rajya Sabha (Council of States)

Composition

• Maximum strength: 250 members — 238 elected by state and UT legislative assemblies, 12 nominated by the President from fields of literature, science, art, and social service (Article 80).
• Current strength: 245 members (233 elected + 12 nominated).
• Election: By the single transferable vote system of proportional representation by the elected members of state legislative assemblies. This ensures that states with larger populations send more representatives, but smaller states are not entirely marginalized.

Duration

• Term: 6 years.
• Retirement: One-third of members retire every 2 years. This ensures continuity — the Rajya Sabha is a permanent body and is never dissolved.
• Re-election: A retiring member is eligible for re-election.

Officers

• Vice-President of India: The ex-officio Chairman of the Rajya Sabha. Presides over sittings but does not vote in the first instance (only a casting vote in case of a tie).
• Deputy Chairman: Elected by the members from among themselves. Acts as Chairman when the Vice-President is absent or the office is vacant.

Powers of Parliament

Legislative Powers

• Union List (List I, Seventh Schedule): Parliament has exclusive power to make laws on 97 subjects, including defence, foreign affairs, atomic energy, currency, banking, railways, citizenship, and criminal law.
• Concurrent List (List III): Both Parliament and state legislatures can make laws on 47 subjects, including criminal procedure, civil procedure, marriage and divorce, adoption, contracts, economic and social planning, and education. In case of conflict, Parliament's law prevails (Article 254).
• Residuary powers (Article 248): Parliament has exclusive power to make laws on any matter not enumerated in the State or Concurrent Lists. This is a federal feature favouring the Centre.

Special Legislative Powers

• Article 249: Rajya Sabha can pass a resolution (by two-thirds majority) declaring that it is necessary in the national interest for Parliament to make laws on a State List subject. Such a law is valid for a renewable period of 1 year.
• Article 250: During a National Emergency, Parliament can legislate on State List subjects.
• Article 252: If two or more states pass resolutions requesting Parliament to legislate on a State List subject, Parliament may do so. Such a law applies only to the requesting states, but any other state may adopt it later.
• Article 253: Parliament has power to make laws for implementing international treaties, agreements, and conventions — even on State List subjects.
• Article 356 (President's Rule): When a state is under President's Rule, Parliament can legislate on State List subjects for that state.

Financial Powers

• Money Bills (Article 110): Can be introduced only in the Lok Sabha and only on the recommendation of the President. A Money Bill deals with taxation, government borrowing, expenditure from the Consolidated Fund of India, etc.
• Annual Financial Statement (Budget): Presented in the Lok Sabha by the Finance Minister.
• Demand for Grants: Ministries present their expenditure requirements; the Lok Sabha votes on them.
• Appropriation Bill: Authorizes the government to withdraw money from the Consolidated Fund.
• Finance Bill: Implements taxation proposals from the Budget.
• Public Accounts Committee (PAC): Examines government expenditure. Chaired by a member of the Opposition (convention since 1967).
• Estimates Committee: Examines budget estimates and suggests economies.
• Committee on Public Undertakings (COPU): Examines the working of public sector enterprises.

Executive Powers (Parliamentary Sovereignty)

• Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)). If the Lok Sabha passes a vote of no confidence, the government must resign.
• Question Hour: Members ask questions of ministers, who must answer orally or in writing. This is a key tool of accountability.
• Zero Hour: Informal period after Question Hour where members raise urgent matters without prior notice.
• Adjournment Motion: A motion to adjourn the House to discuss an urgent matter of public importance. Requires the Speaker's consent and is rarely granted.
• Calling Attention Motion: To call the attention of a minister to a matter of urgent public importance.
• Short Duration Discussion: To discuss a matter of urgent public importance for up to 2.5 hours.
• No Confidence Motion: A motion expressing want of confidence in the Council of Ministers. If passed, the government must resign.
• Censure Motion: A motion censuring specific policies or actions of the government (does not force resignation).

Constitutional Powers

• Amendment: Parliament can amend the Constitution under Article 368 (subject to the "basic structure" doctrine).
• Election of President and Vice-President: Members of both Houses participate.
• Impeachment of President (Article 61): Requires a two-thirds majority in both Houses.
• Removal of judges: Parliament can pass an address for the removal of Supreme Court and High Court judges (motions supported by special majority).

Sessions of Parliament

• Budget Session: February–May. The longest and most important session. The Budget is presented, followed by the general discussion, voting on Demands for Grants, and passage of the Appropriation and Finance Bills.
• Monsoon Session: July–September. Focus on legislative business.
• Winter Session: November–December.
• Special Session: Convened by the President on the advice of the Cabinet for specific purposes (e.g., the special session for the Women's Reservation Bill in 2023).

Note: There must not be a gap of more than 6 months between two sittings of Parliament. The President summons each House and can prorogue (end) a session.

Parliamentary Committees

Committees are the "mini Parliaments" — they scrutinize bills, examine expenditure, and hold the executive accountable. There are two types:

Standing Committees (Permanent)

• Departmentally Related Standing Committees (DRSCs): 24 committees (16 for Lok Sabha, 8 for Rajya Sabha), each covering 2–3 ministries. They examine bills referred to them, scrutinize budget demands, and review ministry functioning. Each has 31 members (21 from Lok Sabha, 10 from Rajya Sabha). They are the workhorses of Parliament.
• Financial Committees: Public Accounts Committee (PAC), Estimates Committee, Committee on Public Undertakings (COPU).
• Other standing committees: Business Advisory Committee, Committee on Petitions, Committee on Privileges, Committee on Government Assurances, Committee on Subordinate Legislation, etc.

Ad Hoc Committees (Temporary)

• Select Committees/Joint Select Committees: Formed to examine specific bills in detail. Members from one House (Select) or both (Joint). They can summon witnesses, take evidence, and suggest amendments.
• Special Committees: Formed for specific inquiries (e.g., the JPC on 2G spectrum, the JPC on demonetization).

Sources