INTRODUCTION
The legislature in India refers to the branch of government responsible for enacting laws while performing additional functions. The Indian Union Legislature, also known as Parliament, is composed of three parts: the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha). The President, although not a member of either house, plays an integral role by performing key functions. These include summoning and proroguing the sessions of both Houses, dissolving the Lok Sabha, and granting assent to bills passed by Parliament. The structure and functioning of the legislature in India are determined by its parliamentary system, which derives inspiration from the British model.
RAJYA SABHA
The Rajya Sabha, or the Council of States, is the upper house of the Indian Parliament and is a permanent body that cannot be dissolved. It consists of 250 members, of which 238 are elected representatives from States and Union Territories. The remaining 12 members are nominated by the President of India for their expertise in fields such as literature, science, art, and social services. The members representing states are elected by the legislative assemblies of respective states through proportional representation with a single transferable vote, while the procedure for electing Union Territory representatives is determined by parliamentary law. The allocation of seats to states is based on population, ensuring that larger states have greater representation, unlike the equal representation model in the United States Senate.
Presiding Officer of Rajya Sabha
The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha and performs duties similar to the Speaker of the Lok Sabha. However, the Vice-President is not a member of the House. In his absence, a Deputy Chairman, elected by Rajya Sabha members, presides over the House. The qualifications for Rajya Sabha membership are prescribed under Article 84: the candidate must be a citizen of India, at least 30 years of age, and meet other qualifications specified under parliamentary law.
Disqualifications under Article 102
A person is disqualified from being a member of Parliament if they:
- Hold any office of profit under the government, unless exempted.
- Are of unsound mind, declared by a competent court.
- Are an undischarged insolvent.
- Cease to be an Indian citizen or pledge allegiance to a foreign state.
- Face disqualification under any law made by Parliament.
The Rajya Sabha is a permanent body, with one-third of its members retiring every two years. The term of each member is six years. Initially, the Representation of People Act, 1951, decided the retirement schedule.
Special Powers of Rajya Sabha
The Rajya Sabha has certain special powers under the Constitution:
- It can authorize Parliament to legislate on subjects in the State List if it deems a matter of national interest. A resolution to this effect requires a two-thirds majority.
- Rajya Sabha can enable the creation of All India Services common to the Union and States through a two-thirds majority resolution.
- During emergencies declared under Articles 352 (National Emergency), 356 (President’s Rule), or 360 (Financial Emergency), if the Lok Sabha is dissolved, Rajya Sabha’s approval ensures the continuity of such proclamations.
LOK SABHA
The Lok Sabha, or House of the People, is the lower house of Parliament and consists of members directly elected by the people of India. Its maximum strength is 552 members, comprising 530 representatives from states, 20 representatives from Union Territories, and 2 nominated members from the Anglo-Indian community (now abolished by the 104th Constitutional Amendment Act, 2019). Seats are allocated to states based on their population, and constituencies are divided through a Delimitation Commission.
Presiding Officer
The Speaker is the presiding officer of Lok Sabha, elected by its members. The Speaker’s role is similar to the Speaker of the British House of Commons and includes maintaining order, interpreting rules, and presiding over joint sittings of Parliament. The Speaker also certifies bills as money bills under Article 110, and their decision is final. In the absence of the Speaker, the Deputy Speaker takes charge. Both can resign or be removed by a resolution passed with a 14-day notice.
Qualifications and Disqualifications
To qualify as a member of Lok Sabha, a person must:
- Be a citizen of India.
- Be at least 25 years of age.
- Fulfill other qualifications set by parliamentary law.
Disqualifications mirror those for Rajya Sabha members, including holding an office of profit, unsound mind, insolvency, and involvement in corrupt practices.
Term and Dissolution
The Lok Sabha has a term of five years but can be dissolved earlier by the President on the advice of the Council of Ministers. During a national emergency, the term can be extended for one year at a time.
RELATION BETWEEN THE TWO HOUSES
While the Lok Sabha enjoys primacy in legislative matters and government accountability, the Rajya Sabha plays a revising role. The Council of Ministers is collectively responsible to Lok Sabha (Article 75(3)). Deadlocks between the two Houses over ordinary bills are resolved through joint sittings, presided over by the Speaker. In matters of money bills, Lok Sabha enjoys supremacy, as Rajya Sabha can only suggest changes within 14 days. However, for constitutional amendments, both Houses have equal power.
SESSIONS OF THE PARLIAMENT
Parliament meets in three sessions each year:
- Budget Session (February-May)
- Monsoon Session (July-September)
- Winter Session (November-December)
The President summons sessions and can prorogue or dissolve the Houses. The quorum for conducting business is one-tenth of the total membership.
POWERS OF PARLIAMENT
Parliament has extensive powers, including:
- Legislative Power: Makes laws on Union List, Concurrent List, and residuary subjects.
- Financial Power: Controls finances; money bills originate in Lok Sabha.
- Executive Control: Parliament holds the Council of Ministers accountable, primarily through Lok Sabha.
- Amendment Power: Only Parliament can initiate constitutional amendments.
- Judicial Powers: Parliament can impeach the President, remove judges, and dismiss certain officials.
RESTRICTIONS ON PARLIAMENT
The Indian Parliament is not sovereign due to several restrictions:
- Federal System: Limits Parliament’s power to central subjects.
- Written Constitution: Parliament must adhere to constitutional provisions.
- Judicial Review: The Supreme Court can invalidate unconstitutional laws.
- Fundamental Rights: Laws contravening these rights are declared void.
CONCLUSION
India’s Parliament, though bicameral and modeled on the British system, operates with significant constitutional, judicial, and federal limitations to maintain balance in governance.