Parliament: Meaning and Constitution


India is governed by a parliamentary system. The Union Parliament is the country's top legislative body. The Indian Parliament is primarily constituting of two houses, the Lok Sabha and the Rajya Sabha. The Lok Sabha (House of the People) members are directly chosen by the people through the voting process. Members of the Rajya Sabha (Council of States) are chosen by the legislative assemblies of the states.

The Indian Parliament is made up of the Lok Sabha, the Rajya Sabha, and the President of India. The Indian President is not a member of either chamber of parliament. As a result, he or she does not sit in Parliament to attend its meetings. According to Article 79 of the Indian Constitution, India will have a parliament to make laws to govern the country's democratic system. Articles 79 to 122 of Part V of the Indian Constitution deal, among other things, with the organization, privileges, and powers of the parliament.

Constitutional Provisions of Parliament

Part V of the Constitution, which contains articles 79 to 122, deals with the structure, composition, duration, officials, processes, privileges, powers, and so on of the Parliament.

The structure of parliament is described in Article 79 of the Constitution. According to the constitution, the Parliament consists of the President and two chambers: the Lower House, or House of People, and the Upper House, or Council of States.

Structure of the Indian Parliament and its components

According to the constitution, the Indian Parliament is organized into three chambers: the President, the Council of States, and the House of People. In 1954, the Council of States and the House of People were given the Hindi titles "Rajya Sabha" and "Lok Sabha," respectively. The Rajya Sabha is the Upper House (Second Chamber or House of Elders), and the Lok Sabha is the Lower House (First Chamber or Popular House). The former symbolizes the states and union territories of the Indian Union, while the latter represents the people of India as a whole.

The President of India is an essential element of the Parliament, even though he is not a member of any of the Houses of Parliament and does not attend their sessions. This is because a measure passed by both Houses of Parliament does not become law until it obtains the President's assent. Along with these duties, he also dissolves the Lok Sabha, calls both Houses to order, addresses them, and issues ordinances while they are not in session, among other things. He is also proroguing both houses and calling them to order.

The parliamentary system of governance emphasizes the interdependence of the legislative and executive departments. As a result, we have a "President-in-Parliament," which is analogous to the "Crown-in-Parliament" in the United Kingdom. The two residences sit independently and are organized differently.

Composition of the Two Houses

Lok Sabha Composition

The maximum number of Lok Sabha members that may be elected is 552. Of these 552, 530 are elected to serve as state legislators. In the union territories, 20 members are represented. The president of India chooses the final two members from among the Anglo-Indian people.

At present, there are 543 + 2 MPs in the Lok Sabha; 543 are elected and 2 are nominated from the Anglo-Indian Community. Additionally, the residents of the state representatives' individual constituencies directly elect them. Furthermore, the voting age was decreased from 21 to 18 years via the 1988 constitutional amendment legislation.

Composition of Rajya Sabha

The maximum number of Rajya Sabha members that may be elected is 250. The state representatives are chosen from this group by a vote of 238. The president proposes candidates for the remaining 12 positions.

At the moment, there are 245 Rajya members. 233 are elected, while 12 are nominated by the president. The fourth schedule of the constitution is used to determine how many Rajya Sabha seats each state and union territory will receive.

The state representatives in Rajya Sabha are chosen by the elected members who are chosen for the state legislative assemblies. Furthermore, these Rajya Sabha seats are allocated based on population.

The period or tenure of their MPs differs for each chamber. The Lok Sabha does not have continuous members. The typical term in the Lok Sabha is five years. As a result, it is from the date of its first meeting until the date of the general elections. Following that, the committee was disbanded.

While the Rajya Sabha is a permanent body. As a result, it does not dissolve. Additionally, every second year, 1/3 of the Rajya Sabha's members retire. These retiring lawmakers can run for re-election and re-nomination as many times as they desire.

Significance of the Parliament

  • The Parliament has debates on national and international issues. In this way, the opposition plays an important role in informing the country about alternative points of view.

  • People from many ethnic, racial, linguistic, and ideological backgrounds can participate in the formation of laws and policies under the parliamentary system of administration.

  • A parliament is usually referred to as a "mini-nation," and in a democracy, the parliament is responsible for discussing key matters prior to the passage of legislation or resolutions..

  • The Parliament has the jurisdiction to amend, reduce, or increase state and UT boundaries.

  • The House of People is also a source of information. When members of the House request information, ministers are required to provide it.

Membership of Parliament

Qualifications

Rajya Sabha

  • She or he must be an Indian citizen and at least 30 years old.

  • She or he should take an oath or affirmation swearing true faith and loyalty to the Indian Constitution.

  • She or he must be registered as a voter in the state from which she or he is seeking election to the Rajya Sabha, according to the Representation of the People Act, 1951.

  • However, in 2003, a provision was inserted stating that any Indian citizen, regardless of state of residence, could run in the Rajya Sabha elections.

Lok Sabha

  • She or he must be at least 25 years old.

  • She or he should swear or affirm that she or he has sincere trust in and allegiance to the Constitution and that she or he would safeguard India's sovereignty and integrity.

  • She or he must also fulfil any other legal requirements imposed by the Parliament and be registered to vote in any seat in India.

  • A candidate for a reserved seat must be a member of a scheduled caste or scheduled tribe, depending on the circumstances.

Disqualifications

On Constitutional Grounds

  • If she or he occupies a profit-making post in the Union or state government (save as a minister or other office exempted by Parliament),

  • If a court declares that she or he is of unsound mind,

  • If she or he is an unsolved bankrupt.

  • If she or he is not (or no longer is) an Indian citizen.

  • If she or he is barred by legislation passed by Parliament.

On Statutory Grounds (Representation of People Act, 1951)

  • Certain electoral offenses or corrupt election procedures were found to be true.

  • Convicted of any crime punishable by two or more years in jail (detention under a preventive detention law is not a disqualification).

  • Has been fired from a government position due to corruption or treason to the state.

  • Convicted of inciting animosity between various groups or through bribes.

  • Punished for preaching and engaging in social crimes such as untouchability, dowry, and sati.

Tenure

  • Rajya Sabha − Every Rajya Sabha member is guaranteed a six-year term. Every two years, one-third of its members retire. They are eligible to run for membership again.

  • Lok Sabha − The Lok Sabha's usual duration is five years. However, on the suggestion of the Council of Ministers, the President may dissolve it before the five-year term expires. Its tenure can be extended for one year at a time in the event of a national emergency. However, it will not be longer than six months after the emergency has ended.

Powers/Functions of Parliament

Legislative Functions

Only Parliament has the authority to create legislation on Union List issues. The Parliament, like the state legislatures, has the authority to pass legislation on the Concurrent List. The Parliament has residuary jurisdiction over any issue that is not specified in any list.

Financial Functions

It is the keeper of public funds. Without the consent of Parliament, the government cannot levy taxes on the public or spend money. Every year, the Parliament approves the budget.

Electoral Functions

It takes part in the election of India's president as well as the vice president. The Lok Sabha chooses the Speaker and Deputy Speaker, whereas the Rajya Sabha chooses the Deputy Chairman.

Removal Power

The Parliament has the authority to remove certain high-level officials from office. It has the power to impeach the President, the Supreme Court, and High Court Judges for violating the Constitution.

Constitutional Amendment

The Parliament can modify the majority of the Constitution with a special majority. Certain sections can only be modified by Parliament with the consent of the states. The core framework of the Constitution cannot be changed by Parliament.

Power over the Executive

Parliament exercises authority over the Executive through question-hour, zero hour, calling attention notices, adjournment motions, and other means. The government always takes these motions extremely seriously since the government's policies are heavily attacked, as is their anticipated impact on the electorate, whom the government will eventually have to confront.

Conclusion

Parliament is a vital political and constitutional institution that serves as the foundation for ideals such as democracy and people's representation and is thus essential to fulfilling constitutional goals. Both chambers of parliament, Rajya Sabha and Lok Sabha, have their own significance and functions. These structures are necessary for the country to function properly. Members of parliament who are elected play a significant role in the administration of the government.

FAQs

Q1. What are the main functions of the Parliament?

Ans. The principal duties of Parliament are classified as legislative, executive, judicial, electoral, and so on.

Q2. What is the role of Parliament in law-making?

Ans. The Parliament establishes laws that apply to the entire country. It can also modify the Constitution and reject or revise proposed legislation.

Q3. How does Parliament make laws?

Ans. A bill becomes law after being enacted by both Houses of Parliament and receiving presidential assent.

Q4. What is the Constitution of the Parliament of India?

Ans. It is a bicameral legislature comprised of the President of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (Local Government) (House of the People). In their capacity as head of the legislative branch, the president has complete authority to call and prorogue either house of Parliament as well as dissolve the Lok Sabha.

Updated on: 15-Feb-2023

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