This article is written by Soumya Shekhar, Som Law College Prayagraj, UP, 4th Semester (LL. B), intern under Legal Vidhiya
Introduction
The Parliament of India is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president in their role as head of the legislature has full powers to summon and porogue either house of Parliament or to dissolve the Lok Sabha. The president can exercise these powers only upon the advice of the prime minister and their Union Council of Ministers.
History
During British rule, the legislative branch of India was the Imperial Legislative Council, which was created in 1861 via the Indian Councils Act of 1861[[1] ][[2] ]and disbanned in 1947, when India gained independence. Following independence, the Constituent Assembly of India was elected to write the Constitution of India, its members serving as the nation’s first parliament. [[3] ]In 1950 after the constitution came into force, the Constituent Assembly of India was disbanned, [[4] ]and succeeded by the Parliament of India, which is active to this day.
What is Parliament?
Our parliament is the supreme legislative organ of the union of India. Our Constitution provides us a parliament democracy. It is a platform to do discussion on country’s social, civic, economic and national issues. The first parliament came into existence in April, 1952. It is a bi cameral legislature comprised of the President of India and the two houses i.e., Lok Sabha and Rajya Sabha. It is a final authority to make laws in India or in any country. Article 79 to 122 in Part V of the constitution deal with the organisation, composition, duration, officers, procedures, privileges and powers of the parliament.
Powers and Functions of Parliament
1) Making of Laws:
The Parliament is the only body that has power to make the laws of India. It can make a law on any issue, which is not in conflict with the constitution. Any bill passed by both the houses is sent to the president for his/her approval.
2) Debating:
A time for debate in each house is reserved for presentation and discussion of government policies and programmes, through the introduction of bills and other business. This can help in proposing solutions to problems faced by Indian society today.
3) Exercising of Legislative Powers:
The Parliament is empowered to make laws for the whole of India. The parliament can also amend a bill passed by Lok Sabha and send the same back to Rajya Sabha for approval. The Rajya Sabha can reject a bill passed by Lok Sabha, but it has no power to alter or amend any law once passed by Lok Sabha.
4) Assessment Reports:
Bills / Proposals for appropriation of money must be introduced in parliament by the Finance Minister. These bills are referred to as the Appropriation Bill. The budget of the previous year and the appropriation bill are presented in the Lok Sabha by the Finance Minister.
5) Assent to Bills:
The President has to give his assent to all bills passed by both houses of Parliament. If he withholds his assent, the bill is returned to Parliament. In this case, both houses must reconsider their decision, and if they pass it again, with or without amendments, it is then sent back to the President for his assent.
Composition of Parliament
The Indian Parliament consist of three organs i.e. The president, The council of States which is also known as Rajya Sabha and The house of people which is commonly known as Lok Sabha. The Name Rajya Sabha and Lok Sabha was adopted in 1954. The Rajya Sabha is the upper House whereas the Lok Sabha is the Lower House. The structure of Parliament is mentioned in Article 79 of the Constitution of India. Even though the President is a part of the legislature, he doesn’t sit in the parliament. The bill passed by the law doesn’t become an act without the assent of the president.
President
The president of the Republic of India is appointed by the electoral college including the elected members of both houses of parliament and elected members of the Legislative Assembly of the State and Union Territories for a period of 5 years starting from the date on which he enters upon his office. The President is the head of the executive and also a constituent of the Indian parliament. The president performs several executives as well as legislative functions along with other functions.
The Prime Minister is appointed by the President and other ministers are appointed by the President on the advice of the Prime Minister. The President of India is authorized to appoint constitutional functionaries such as Governors, Judges of both supreme court and high court, Comptroller and Auditor General of India, chairman and manager of Union Public Service Commissioner, Chief Election Commissioner, Financial Commissioner, and other Election commissioners.
As the constituent of Indian Parliament, the President performs certain important functions such as directing and holding up the houses, directing the joint sitting of both Lok Sabha and Rajya Sabha in the event of disagreement, directing either one or both houses of the parliament or both houses collectively joint together and dissolving Lok Sabha.
Following are the qualifications essential for a candidate seeking election to the office of president:
- He should not be less than 35 years of age.
- He should be a citizen of India.
- He should not hold any office of profit.
- He should be well qualified for becoming a member of the Lok Sabha.
- Should not be bankrupt or mentally unstable.
Tenure of Indian President
The President is appointed for five years. He can be removed from office through the process of impeachment by the Parliament.
Power And Functions of Indian President
The power and functions of the President of India are divided into two different categories, namely General or Routine Power and Emergency Powers.
General Power of President
- The President summons both houses of the Indian Parliament timely.
- The President signed the bill passed by the Parliament. On the other hand, the President directs rules when the Parliament is not in session.
- The President appoints the Prime Minister, Governor of the States, Council of Ministers, Judges, and Chief Justice of the High Court and Supreme Court, the CAG and other important offices.
- The President laid down the Union Budget before the parliament and also other reports as well.
- All the International treaties and negotiations with other countries are signed on behalf of the President.
- The President can minimize or lessen any sort of sentence. He retains the authority to forgive the death sentence awarded to a convict on receiving a petition of mercy.
- The President is a supreme leader of the armed forces and appoints three chiefs of the Army, Navy, and Air Force. He is also authorized to declare war and peace.
Emergency Power
- State emergency can be imposed in a state if the president fails to run constitutionally.
- The President can reveal emergency powers if there is a possibility of financial stability in the country.
- The President can declare a National Emergency on the ground of war, external aggression, or armed rebellion in the country.
Let’s discuss about the Upper house or Rajya Sabha.
The Rajya Sabha
Rajya Sabha is the Upper House of the Indian Parliament. This house is permanent in nature and can8 never be dissolved. This is because every member is elected for a term of six years in Rajya sabha and one third of its members do retire biennially, while the other members continue their tenure. It is like an election in different batches. Retired members are eligible for re-election. The house consists of 250 members. 238 members are elected by means of single transferable vote. 12 members are nominated by president from people who have special knowledge or practical experience in art, literature, science and social service. The method of election of these members are listed in article 80(1) of the Indian constitution which states that the members would be elected by the elected members of respective state assemblies in accordance with proportionate representation of each state.
The provision thus reflects the federal nature of the Council of States, where everyone represents proportionally. Article 84 of the Indian constitution provides for the qualification to become a member of Rajya sabha i.e., one must have nationality of India, doesn’t hold any office of profit and must have completed 30 years of age. Article 102 of the Indian constitution provides for conditions on which one can be disqualified from either of the houses. It says that one must be disqualified from either of the houses. It says that one must be disqualified as a member of the house if
- He/she holds any office of profit
- He/she is of unsound mind
- He/she is discharged insolvent
- He/she is not a citizen of India and has voluntarily accepted the nationality of other nations
- He/she is disqualified under any law made by the parliament
The Lok Sabha
The provision of Article 331 of the Indian Constitution provides for the existence of the house of the people and shall consist of maximum of 530 chosen members from different states, not more than 20 members to be chosen from the union territories. If Presidents feels that there is a lack of representation of the Anglo-Indian community in parliament, he may nominate two members of the Anglo-Indian community.
Few seats are also reserved the Scheduled Caste and Scheduled tribes communities especially laid aside for them all over country. The representation is allocated to the states and the Union Territories according to the Representation of the people Act passed by the parliament of India in the year 1951. The tenure of Lok Sabha is 5 years from the day of its first meeting.
Territorial Constituencies
As the members of the Lok Sabha are elected directly, it needs to have a proper division of the country into smaller units.
And for this purpose, India is divided into small territorial constituencies.
These constituencies are sorted out in such a way so that each Indian state has an adequate share of members in the house and is proportional to its population.
To keep this division democratic, the constituencies are carved out in such a way so that the ratio of the number of representatives and the population of that particular constituency should remain the same across all the constituencies.
Tenure of Lok Sabha
The members elected by Universal Adult Suffrage serve their offices for a tenure of five years.
However, if devoid of a popular majority, the government can fall and the house can dissolve midway any time before the completion of five years.
Qualification for Membership of Parliament
Qualifications necessary for becoming a member of parliament is provided in Article 84 of the Indian Constitution.
Following are the qualifications:
- he/she should be a citizen of India.
- In the case of Upper House, i.e., Rajya Sabha, he/she should have completed at least 30 years of age and for Lower House, i.e., Lok Sabha, he/she should have completed 25 years of age.
- he/she need to comply with other such qualifications as prescribed in any law by the Indian Parliament.
Now. let us take a look into grounds on which one can be disqualified as a Member of Parliament.
Disqualification
Now, Article 102 of the Indian Constitution lays the grounds on which a legislator can be disqualified as a member of the Parliament.
Those grounds are:
- If he/she holds any office of profit under the Government of India or any of the states;
- If he/she is declared of unsound mind by a Court;
- If he/she is an undischarged insolvent;
- If he/she is not a citizen of India anymore;
- If he/she is disqualified by virtue of any law passed by the parliament of India.
Office of Profit
As it is a ground for disqualification as a member of Parliament, it is essential to understand what exactly does the office of profit means.
Office of profit refers to any post or position under central or state government which fetches salaries, bonuses, perks and other benefits to the individual.
However, the quantity of profit gained is irrelevant under this disqualification.
Under section 9 of Representation of people Act and Article 191(1)(a) of the Indian Constitution, it is envisaged that no representative should bear any office of profit.
Significance of Parliament:
The two houses of Parliament are the sole law-making bodies in India. They also hold the responsibility of reviewing and approving the president’s or governor’s action as well as communicating with the State Governments. The two houses receive recommendations from the state governments and often pass a resolution to approve the President’s or Governor’s proposed appointment of people to different posts. In addition to these, the Rajya Sabha is briefed upon any proposal that requires immediate attention of Centre by its members. The Rajya Sabha is also briefed on important bills that have been passed by the Lok Sabha.
Private Members’ Bills and Resolutions (PMBs) are introduced in Parliament by the individual members (the members of Lok Sabha or Rajya Sabha). A Private Member’s Bill can only be introduced in a sitting of Lok Sabha and the same shall be allowed to be debated upon by members of Lok Sabha only. On the other hand, any member of Rajya Sabha can introduce a Private Resolution, which identifies an issue or matter of importance. These resolutions are not debatable. These two houses may express their disapproval upon Governors’ actions or President’s actions through ‘No Confidence Motion’.
Facts Related to Indian Parliament
- The Parliament of India represents “Continuity” as its design is circular.
- The Indian Parliament Library is the second largest library in the World.
- Both the houses of parliament, i.e., Lok Sabha and Rajya Sabha, are horseshoes in shape.
- The British architects Sir Edwin Lutyens and Sir Herbert Baker designed the House of Parliament.
- The Central Hall of the Indian Parliament is located in the middle of the parliament house. The two houses Rajya Sabha (Upper House), Lok Sabha (Lower House) and Library Hall, are located radially outside the central hall at equiangular spacing. The three garden courts are located in the middle of these three chambers.
- The tenure of Rajya Sabha’s members is six years, whereas the tenure of Lok Sabha is five years.
- The first hour of every session of both the houses is termed as Question hour. The members of Parliament India can ask questions related to the government policies, general administration, etc. The ruling party needs to give oral answers to the question.
- The Question hour at both the houses of Parliament starts at 11 AM whereas Zero hour starts at 12 Noon.
- The Question hour at Rajya Sabha during winters sometimes starts at 12 noon and zero-hour starts at 11 AM.
- The time period after the question hour is termed as Zero hours.
Conclusion
Therefore, in this exhaustive article about the Indian Parliament, we discussed almost all the aspects and functions of the Parliament.
Parliament is an essential political and constitutional institution that forms the bedrock of values reflecting those of democracy and representation of people and thus is fundamental in achieving the constitutional goals.
References
1. https://knowindia.india.gov.in/profile/the-union/legislature.php – :~:text=Legislature%20of%20the%20Union%2C%20which,be%20held%20in%20certain%20cases visited on 03/05/2023
2. https://legalstudymaterial.com/composition-of-parliament/ visited on 03/05/2023
3. https://en.m.wikipedia.org/wiki/Parliament_of_India visited on 04/05/2023
4. https://unacademy.com/content/clat/study-material/legal-reasoning/composition-of-parliament/ visited on 04/05/2023
5. https://blog.ipleaders.in/the-parliament/?amp=1 visited on 05/05/2023
6. https://www.toppr.com/guides/legal-aptitude/indian-constitution/indian-parliament-structure-of-indian-parliament/ visited on 06/05/2023
[1] ^ history|our legislature through the ages- Civilsdaily’’. 30 December 2015.
[2] ^” Indian Councils Act | 1861, India|Britannica. www.britannica.com.
[3] ^United Nations General Assembly Session 18 Agenda item 23 – Report of the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples.
[4]^ “Indian People and Society Since Independence.
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