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This article is written by Gargi Mishra, a student of 3 semester in Symbiosis Law School, NOIDA, an intern under Legal Vidiya. The title of the article is Provisions Of Parliament Under Constitution Of India.


A union of states, India is often referred to as Bharat. It has a parliamentary form of government and is a Sovereign, Secular, Socialist, and Democratic Republic. The Constitution of India, which was ratified by the Constituent Assembly on 26 November 1949 and took effect on 26 January 1950, is the legal framework within which the Republic is governed.

The Constitution calls for a federal, unitary, parliamentary form of government with particular elements. The President is the officially designated head of the Union’s Executive. The Cabinet of the Parliament of the Union is made up of the President and the two Houses known as the Rajya Sabha and the Lok Sabha. There are provisions given in the constitution that governs the functioning and rules of the parliamentary structure.

“According to Article 74(1) of the Constitution, the President will exercise his or her duties in line with the advice of the Council of Ministers, which is led by the Prime Minister. Thus, the Council of Ministers, which is led by the Prime Minister, has the actual executive power.” [1]

Keywords: Rajya Sabha, Lok Sabha, Speaker, Sessions, Dissolution, Joint Sitting of Houses, Budget.


The Constitution of India provides for a parliamentary system of government, which means that the executive branch of government is derived from and accountable to the legislature (Parliament). The Parliament of India is the top legislative body of the Union government and serves as its supreme law-making body. The provisions related to Parliament in the Indian Constitution are outlined in Part V (The Union) and Part VI (The States). A fundamental element of democratic principles in any democratic system is the parliament, which serves as a forum for debate on matters of social and civic concern in any popular democracy. Although the notion of parliament has its roots in European countries dating back to the Middle Ages, it has become an integral feature of Indian democracy since the country’s democratic foundation.

After a thorough and in-depth analysis of the Constitutions of other nation-states, the leaders of the Indian liberation struggle, legal experts, and other participants in the Constituent Assembly came to the opinion that a parliamentary system of governance was the best form of government. Thus, both houses of parliament were established in 1952 following the first general election.

Provisions of THE INDIAN Parliament

The President of India, the Upper House, or Rajya Sabha, and the Lower House, or Lok Sabha, make up India’s Parliament.

“Article 79 of the Constitution outlines the composition of parliament. The Lower House, also known as the House of People, and the Upper House, also known as the Council of States, are listed as the two houses that make up the Parliament.”[2]

We can state that the position of president is somewhat comparable to the role and duties of the Queen or Crown in the UK in order to understand the functions fulfilled by the president. Despite being a member of the legislature, the President does not sit in parliament. A bill that has been approved by both chambers, meanwhile, cannot become law without the President’s approval.

Composition of Rajya Sabha

Members of the Rajya Sabha are not directly elected by the people but are elected by the elected members of State Legislative Assemblies and by the members of the Electoral college for Union Territories. The Indian Constitution’s Article 80(1) specifies the procedure for electing these members.

The Rajya Sabha can have a maximum of 250 members, of which 12 are nominated by the President for their contributions to arts, literature, science, and social services.

Rajya Sabha members have a term of six years, with one-third of its members retiring every two years.

According to Article 84 of the Constitution, a person must be an Indian citizen, hold no paid position, and be at least 30 years old in order to be eligible to serve in the Rajya Sabha.

The Indian Constitution’s Article 102 outlines the criteria for disqualification from either chamber. It states that a person must be removed from the house if,

He or she cannot be elected under any law passed by the Parliament if they meet the following criteria: they occupy any office with the potential for financial gain; they are of unsound mind; they have been declared bankrupt; they are not Indian citizens and have voluntarily adopted the nationality of other countries.

Composition of Lok Sabha

The Indian Constitution’s Article 331 establishes the House of the People, which would have a maximum of 530 members chosen from various states and a maximum of 20 members elected from the Union Territories as well. Prior to the 95th Amendment Act of 2009, the President also suggested two representatives from the Anglo-Indian community, however this provision was only viable until 2020.

“The Representation of the People Act,” approved by the Indian Parliament in 1951, allocates representation to the states and Union Territories.

Members of the Lok Sabha are directly elected by the people of India.

The term of the Lok Sabha is five years unless dissolved earlier.

Qualifications for becoming the member of Parliament

The Indian Constitution’s Article 84 specifies the requirements for being a member of parliament. These are the prerequisites:

He or she must be an Indian national.

He or she must be no less than 30 years old to serve in the Upper House, the Rajya Sabha, and at least 25 years old to serve in the Lower House, the Lok Sabha.

He or she must meet additional requirements laid out in any laws passed by the Indian Parliament.

Disqualifications for becoming the member of Parliament

The Indian Constitution’s Article 102 spells forth the reasons why a legislator may be barred from serving in the Parliament. These reasons are:

If he or she has a position of profit with the Indian government or any state government;

If a court finds such person to be mentally incompetent;

If the person is an unsolved insolvent;

If the person is no longer an Indian citizen;

If he or she is disqualified due to a bill passed by the Indian parliament.

The V Part of the Constitution contains Article 101, which is provided by our Constitution. So, as stated in this Article, a member is required to resign from their position if-

Vacation Of Seats

He or she is elected to both houses because this article makes it plain that no one may be chosen to serve in both chambers at the same time.

He or she must give up their place in the house if they are elected to both the Central legislature and a state legislature.

He or she is made liable for any of the Parliament-listed disqualifications.

He/she leaves the house for 60 days in a row without the speaker’s consent.

Additionally, elections are held to fill vacancies when a seat in one of the legislative houses becomes vacant.

Speaker Of The Parliament

The Speaker of the Lok Sabha is chosen from among the current members of the parliament to take over sessions of the house. He or she is often elected during the first Lok Sabha sitting and takes office for a term of five years alongside that particular Lok Sabha. Additionally, as is customary, the Speaker belongs to the coalition or party in power.

A Speaker’s primary responsibility is to determine whether or not the bill is a money bill.

In addition to upholding discipline and order in the home, his/her duties also include disciplining individuals who disobey his rules. Additionally, he or she is listed sixth in the precedence list, next to the Chief Justice of India.

An effective majority, or more than 50% of the voting members of the house, is required to pass a resolution to remove a speaker, as stated in Articles 94 and 96 of the Constitution.

Sessions Of Parliament

As given in Article 85 of the Constitution, whenever one of the houses convenes to do business, that meeting is referred to as a session. The president may call a meeting of either house for business with no gap longer than six months. As a result, the Parliament must convene at least twice a year.

The Indian Parliament holds three sessions a year, as is customary:

Budget sessions take place from February through May.

Monsoon Season, which lasts from July through September.

during November and December is the Winter Session.

Propagation Of Parliamentary Session

The termination of a house session is essentially proclaimed by prorogation.

The Speaker or the Chairperson of the House issues the prorogation notice. When a session is over, the presiding officer adjourns the house sine die, which means there isn’t a set time for it to reconvene. A few days later, the notice is given.

When in session, the Parliament’s houses can still be adjourned or prorogued.

The Indian Constitution’s Article 85(2) makes provision for this.


According to Article 85 of the Constitution, the President of India has the authority to dissolve the Lok Sabha.

The Lok Sabha could be dissolved under the following two situations:

When the ruling party’s leader dissolves the Lok Sabha after its five-year term is over.

The president may dissolve the house if the administration loses its majority and a floor test is about to take place.

Additionally, dissolution signifies the conclusion of that particular Lok Sabha’s tenure, which sets it apart from adjournment or prorogation.

“Articles 107 and 108 of the Constitution discuss how a dissolved legislature will affect any unfinished business in the House. Whenever the Lok Sabha is dissolved, whether it be at the end of its entire term or in the middle, it is said that all business, including petitions, notices, bills, motions, etc., lapses. All motions, bills, and notices must be reintroduced in the house when the newly elected Lok Sabha begins its sessions.”[3]

Functions Of Parliament

We may determine that Parliament is a body that combines legislative and executive power from the broad provisions of our constitution. The Parliament of India performs a number of duties such as-

Legislation- The primary purpose of the Parliament is to pass laws to ensure that the government and the country as a whole operate efficiently is the essence of legislating. The Indian Constitution’s Articles 107–108 contain references to this function.

Amendments by Parliament- The majority of the Constitution’s provisions can be modified by the Parliament with a special majority. Some provisions may only be modified by the Parliament with the consent of the state. The Constitution’s fundamental framework cannot be altered by the Parliament.

Overseeing the cabinet-  If the ruling party loses support or the majority, the government must resign. It is the responsibility of the parliament to determine whether the cabinet can continue its standing via its majority of the members of the ruling party. The Constitution’s Article 75(3) expresses the same.

Financial Control- The exclusive power to decide how much money should be spent on infrastructure improvements and other things belongs to the legislature. It also outlines the steps that must be taken to increase revenue and ensure that receipts are allocated in accordance with needs. These powers are exercised in a way that maintains the fundamental democratic principles of our constitution.

Joint Sitting Of Houses

The President may call a joint session of both houses of parliament if there is an impasse in both houses of parliament over the passage of a bill.

It is outlined in Article 108, how to use this method to end an impasse between the two houses.

This Article states that a joint session can only be summoned if-

A bill that has been approved in one house but is rejected in the other

Amendments that were approved by another house are rejected by one of the houses

When the other house has had six months to act on the bill without success.

Money Bills and Constitutional Amendment Bills are the exception of joint sitting of houses.

Presidential Approval

“In accordance with Article 111, the President must indicate whether he or she assents to a measure after it has been approved by both houses of Parliament or whether he or she does not.”[4]


The budget, often known as the annual financial statement, is a crucial document that discusses a country’s financial situation.  Article 112 discusses provisions pertaining to the budget.

The current year’s budget, the prior year’s budget, and the entire year for which the budget is provided are all included in the presentation of the budget’s expenditures and receipts.

The Consolidated Fund of India, the Public Account of India, and the Contingency Fund of India are the three components that make up the Annual Financial Statement.

It also provides a breakdown of government debts that have been advanced or that the government needs to reclaim, such as borrowing from the RBI.

Financial Matters are within the control of Parliament-In India, the Parliament has significant influence on financial matters. This control extends to concerns relating to revenue and expenditures.

“Under Article 265 of the Constitution, no tax can be imposed or collected by the executive branch of government without legal backing. Therefore, if tax is placed on anyone without legislative support, that person may seek redress in court.”[5]

Use of language in Parliament

Hindi and English, which are India’s official languages, are both accepted in the Indian Parliament.

The Indian Constitution’s Article 343 establishes Hindi as the nation’s official tongue. However, during debates or discussions, participants may speak in any of the pre-designated languages.

Parliamentary discussion limitations

The Indian Constitution prevents the Parliament from passing laws or holding discussions on some topics in order to maintain the notion of Separation of Power. These rules are discussed in Article 121.

Any discussion about the behavior of the Supreme Court or other High Court judges falls under this category. However, the topic of a judge’s impeachment is one that can be discussed.

Courts must refrain from looking into Parliamentary proceedings

“This could be viewed as the opposite of Article 121’s provision. According to Article 122, courts are not allowed to look into how legislation is being passed.”[6]

Additionally, no member of the Parliament is subject to the jurisdiction of any Court when acting in accordance with the authority granted to him or her by the legislature.


the Indian Constitution provides a comprehensive framework for the functioning of the Parliament, which is the supreme legislative body in the country. These provisions are designed to ensure the representation of diverse interests, uphold democratic principles, and promote good governance. Key provisions include the bicameral structure with the Lok Sabha and Rajya Sabha, the election process for members of Parliament, the powers and functions of Parliament, and mechanisms for resolving disputes and passing legislation.

The Constitution also safeguards fundamental rights and imposes checks and balances to prevent any abuse of power by the Parliament. Additionally, it recognizes the importance of parliamentary democracy by establishing a system where the executive is accountable to the legislature.

Over the years, the Indian Parliament has played a crucial role in shaping the nation’s policies, laws, and development. It has acted as a forum for debating critical issues, representing the aspirations of the people, and working towards the socio-economic development of the country. While challenges persist, the Constitution’s provisions for the Parliament continue to serve as a foundation for a vibrant and dynamic democracy in India.

[1] Indian Kanoon, https://indiankanoon.org/doc/127060/ (last visited 24 September, 2023).

[2] Constitution Of India, https://www.constitutionofindia.net/articles/article-79-constitution-of-parliament/ (last visited 24 September, 2023).

[3] Aap Tax Law, https://www.aaptaxlaw.com/constitution-of-india/article-107-108-constitution-provisions-as-to-introduction-and-passing-of-bills-joint-sitting-of-both-houses-in-certain-cases-article-107-108-of-constitution-of-india-1949.html (last visited 24 September, 2023).

[4] Constitution Of India, https://www.constitutionofindia.net/articles/article-111-assent-to-bills/ (last visited 24 September, 2023).

[5] Indian Kanoon, https://indiankanoon.org/doc/1405898/  (last visited 24 September, 2023).

[6] Indian Kanoon, https://indiankanoon.org/doc/1283667/ (last visited 24 September, 2023).


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