Parliament — Lok Sabha, Rajya Sabha, Sessions & Legislation

1. Lok Sabha — House of the People

1.1 Constitutional Provisions

• Article 81 — Composition of Lok Sabha.
• Maximum strength: 552 (530 from States + 20 from UTs + 2 nominated Anglo-Indians — but the 104th Amendment 2020 removed the Anglo-Indian nomination; now the maximum is 550 elected + nomination provision removed).
• Present strength: 543 elected seats.
• Normal term: 5 years from the date of its first sitting after a general election. Can be extended during a National Emergency (Art 352) by Parliament by law — one year at a time.
• Can be dissolved before 5 years by the President on the advice of the PM (Art 85).

1.2 Qualification to Become a Member (Art 84)

• Must be a citizen of India.
• Must be not less than 25 years of age.
• Must be registered as a voter in any Parliamentary constituency.
• Must possess other qualifications prescribed by Parliament.

1.3 Disqualification (Arts 101–103, 10th Schedule)

• Holds an office of profit under government (except exempted offices).
• Declared of unsound mind by a court.
• Undischarged insolvent.
• Not a citizen of India or voluntarily acquired citizenship of a foreign state.
• Disqualified under any law made by Parliament (e.g., Representation of People Act 1951 — convicted and sentenced to 2+ years imprisonment).
• 10th Schedule (Anti-Defection) — voluntarily gives up party membership or votes against party direction.
• Disqualification on grounds of defection decided by the Speaker (subject to judicial review — Kihoto Hollohan 1992).

1.4 The Speaker of Lok Sabha

• Elected by Lok Sabha members from among themselves (Art 93).
• Holds office during the life of the Lok Sabha — vacates on dissolution unless re-elected.
• Removal: by a resolution passed by an effective majority (majority of total membership) — requires 14 days' prior notice.
• Casting vote: Speaker does not vote in the first instance; casts vote only in case of a tie.
• Powers: conducts proceedings, decides admissibility of bills, certifies Money Bills (Art 110), presides over Joint Sittings (Art 108), decides anti-defection cases under 10th Schedule.
• Speaker is the guardian of Parliamentary privileges.
• Pro Tem Speaker: appointed by President to administer oath to new members before a new Lok Sabha elects its Speaker.

2. Rajya Sabha — Council of States

2.1 Constitutional Provisions

• Article 80 — Composition of Rajya Sabha.
• Maximum strength: 250 (238 elected/nominated from States/UTs + 12 nominated by the President).
• Present strength: 245 (233 elected + 12 nominated).
• Permanent body — never dissolves. 1/3 of members retire every 2 years (6-year term for each member).
• First RS election: 1952.

2.2 Nomination by President (12 Members)

The President nominates 12 members having special knowledge or practical experience in literature, science, art and social service (Art 80(1)(a)). Borrowed from Ireland.

2.3 Allocation of Seats to States

Based on population — larger states get more seats (4th Schedule). e.g., Uttar Pradesh: 31 seats; smaller states like Sikkim, Mizoram, Nagaland: 1 seat each.

2.4 Qualification (Art 84)

• Citizen of India.
• Must be not less than 30 years of age.
• Must be registered as a voter in the state from which elected (requirement of being a resident of the state was removed by the Representation of People (Amendment) Act, 2003).

2.5 Chairman of Rajya Sabha

• The Vice-President of India is the ex-officio Chairman of Rajya Sabha (Art 64).
• Deputy Chairman elected by RS members from among themselves.
• Unlike Lok Sabha Speaker, the Vice-President is NOT a member of RS.
• Chairman can be removed by RS by an effective majority — but only after a resolution has been passed by the Lok Sabha (Art 67(b)) for removal of VP.

2.6 Special Powers of Rajya Sabha

3. Lok Sabha vs Rajya Sabha — Comparison

4. Parliamentary Sessions, Prorogation & Dissolution

4.1 Sessions

There is no fixed number of sessions per year in the Constitution — the President summons Parliament (Art 85). By convention, there are 3 sessions:

4.2 Summoning, Prorogation and Dissolution

4.3 Quorum

• Minimum number required to transact business: 1/10th of total membership of each House.
• LS quorum: 55 (1/10 of 545 including Speaker) | RS quorum: 25 (1/10 of 250).
• If quorum is not present, the presiding officer adjourns the House.

4.4 Lame-Duck Session

The session of Lok Sabha held after a general election is announced but before the newly-elected House meets. Members who have lost in the election but are still part of the outgoing House are called lame ducks.

5. Types of Bills

5.1 Ordinary Bill

• Can be introduced in either House.
• Passed by both Houses by simple majority.
• If disagreement between Houses — Joint Sitting under Art 108.
• Sent to President for assent — he can give assent, withhold assent, return for reconsideration (once). If returned and passed again, must give assent.

5.2 Money Bill (Art 110)

• Deals only with: imposition/abolition/remission/alteration/regulation of any tax; regulation of borrowing; custody of Consolidated Fund; appropriation of money from Consolidated Fund; declaring any expenditure charged on Consolidated Fund; receipt of money into or issue of money from Consolidated Fund; receipt, custody, issue of any other public money.
• Can be introduced only in Lok Sabha and only on the recommendation of the President.
• Certified as Money Bill by the Speaker of Lok Sabha — Speaker's certificate is final and conclusive (not subject to judicial review — Art 110(3)).
• After passing LS, sent to RS — RS can make recommendations but cannot amend or reject. Must return within 14 days. If not returned in 14 days, deemed passed. LS may accept or reject RS recommendations.
• No Joint Sitting for Money Bills.
• Sent to President — can only give assent or withhold (cannot return).

5.3 Finance Bill

• The bill containing taxation proposals of the Union Budget. Passes through same procedure as a Money Bill.
• Must be passed by Lok Sabha before it can be presented for presidential assent.

5.4 Constitution Amendment Bill (Art 368)

• Can be introduced in either House.
• Must be passed by each House separately — no Joint Sitting.
• Special majority required: majority of total membership + 2/3 of members present and voting.
• Some provisions require ratification by at least half the State Legislatures.

5.5 Private Member Bill

• Introduced by any MP who is not a minister.
• Discussed only on Fridays (private member business days).
• Very rarely passed — last significant one: Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

6. Legislative Process — Stages of an Ordinary Bill

6.1 Five Readings

6.2 Presidential Assent (Art 111)

• Absolute Veto: President withholds assent — bill does not become law.
• Suspensive Veto: President returns bill for reconsideration — if passed again by both Houses (with or without amendments), must give assent.
• Pocket Veto: President neither gives assent nor returns — keeps the bill pending indefinitely. No time limit set in Indian Constitution (unlike USA's 10-day limit). Used by President Zail Singh in 1986 for the Indian Post Office (Amendment) Bill.
• For Money Bills: no return option — assent or withhold only.
• For Constitution Amendment Bills: must give assent (24th Amendment 1971 — Art 368(2) makes it mandatory).

7. Joint Sitting of Parliament (Art 108)

A deadlock between the two Houses on an Ordinary Bill is resolved by a Joint Sitting summoned by the President. The Speaker of Lok Sabha presides.

7.1 When is Joint Sitting Called?

A deadlock is deemed to exist when:

• A bill passed by one House is rejected by the other.
• The Houses disagree about amendments.
• More than 6 months have elapsed from the date of reception of the bill without the other House passing it.

7.2 Joint Sittings in History (Only 3 Times)

7.3 Bills NOT Subject to Joint Sitting

• Money Bills — LS has overriding power; no joint sitting.
• Constitution Amendment Bills — must be passed separately by each House.
• Financial Bills — category-I bills treated like Money Bills in joint sitting.

8. Parliamentary Committees

Parliamentary Committees are the "eyes and ears" of Parliament — they scrutinise bills, government expenditure, and administration in detail. Two main categories:

8.1 Standing Committees (Permanent, constituted every year)

8.2 Ad Hoc Committees (Temporary — for specific purpose)

• Select Committee — members from one House only; examine a specific bill.
• Joint Committee — members from both Houses; examine a bill or investigate a specific matter.
• Joint Parliamentary Committee (JPC) — high-profile investigation committees (e.g., JPC on Bofors, Harshad Mehta scam, 2G spectrum). Members from both Houses.

8.3 Other Important Committees

9. Parliamentary Privileges (Arts 105 & 194)

Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses, their committees and members — necessary for free functioning.

9.1 Individual Privileges

• Freedom of speech — no court can question anything said in Parliament (Art 105(2)). Complete immunity.
• Immunity from arrest — members cannot be arrested in civil cases during the session, 40 days before session, and 40 days after session. Not applicable in criminal cases.
• Right to exclude strangers — members can ask for closed-door proceedings.
• Exemption from jury service — members not liable for jury duty during session.

9.2 Collective Privileges

• Right to publish debates and proceedings; right to exclude strangers.
• Right to punish members and outsiders for breach of privilege or contempt of House.
• Right to regulate internal affairs without court interference.
• Freedom from arrest and obstruction of members going to/from House.

9.3 Breach of Privilege and Contempt

• Any disregard or attack on rights and dignities of the House = contempt of Parliament.
• Each House is its own judge of privilege questions — through its Committee on Privileges.
• Punishment: reprimand, admonition, imprisonment, expulsion from House.

10. Current Affairs Link

One Nation One Election

The High-Level Committee on Simultaneous Elections (Kovind Committee, 2024) recommended holding Lok Sabha and State Assembly elections simultaneously in two phases. The 129th Constitutional Amendment Bill introduced in Lok Sabha (December 2024) proposes Articles 82A, 83(3), and related changes. Referred to Joint Parliamentary Committee for scrutiny.

Vice-President & Rajya Sabha Chairmanship

In 2022, Jagdeep Dhankhar was elected as the 14th Vice-President. As RS Chairman, he has been at the centre of several privilege and conduct controversies — reflecting the tension between the presiding officer's discretion and parliamentary norms.

Speaker's Role in Anti-Defection

The Supreme Court in Subhash Desai v. Principal Secretary (2023) — Maharashtra political crisis — reiterated that the Speaker cannot act in a partisan manner in anti-defection cases and reinforced the Nabam Rebia (2016) principle that a Speaker facing a removal notice cannot decide defection cases.

11. Prelims PYQs

12. Mains PYQs

13. 15-Minute Revision Box