The Parliament of India is the supreme legislative body of the Union.
It makes laws for the country, controls the executive, discusses national issues, approves financial matters and represents the people as well as the states.
India follows a parliamentary form of government, mainly based on the British model.
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Constitutional Position Of Parliament
Parliament is mentioned in Part V of the Constitution.
According to Article 79, there shall be a Parliament for the Union consisting of:
- The President.
- The Council of States, known as Rajya Sabha.
- The House of the People, known as Lok Sabha.
The President is not a member of either House, but he is an integral part of Parliament.
Houses Of Parliament
India has a bicameral Parliament.
This means Parliament has two Houses.
| House | Other Names | Represents |
|---|---|---|
| Rajya Sabha | Upper House, Second Chamber, House of Elders | States and Union Territories |
| Lok Sabha | Lower House, First Chamber, Popular House | People of India |
The Hindi names Rajya Sabha and Lok Sabha were adopted in 1954.
Rajya Sabha
Rajya Sabha is the Upper House of Parliament.
It represents the states and Union Territories.
Composition Of Rajya Sabha
The maximum strength of Rajya Sabha is 250 members.
Out of these:
- 238 are representatives of states and Union Territories.
- 12 are nominated by the President.
The Fourth Schedule gives the details of allocation of seats in Rajya Sabha to states and Union Territories.
Representation Of States In Rajya Sabha
Representatives of states are elected by the elected members of the State Legislative Assemblies.
The election is held through:
- Proportional Representation.
- Single Transferable Vote.
Seats are allotted to states mainly on the basis of population.
Representation Of Union Territories In Rajya Sabha
Representatives of Union Territories are indirectly elected by members of a specially constituted electoral college.
Only Delhi and Puducherry have representation in Rajya Sabha.
Other Union Territories are too small to have separate representation.
Nominated Members Of Rajya Sabha
The President nominates 12 members to Rajya Sabha.
They are chosen from fields such as:
- Art.
- Literature.
- Science.
- Social Service.
This provision gives eminent persons a place in Parliament without requiring them to contest elections.
Lok Sabha
Lok Sabha is the Lower House of Parliament.
It directly represents the people of India.
Composition Of Lok Sabha
The maximum strength of Lok Sabha was originally provided as 552 members:
- 530 from states.
- 20 from Union Territories.
- 2 nominated Anglo-Indian members.
However, the 104th Constitutional Amendment Act, 2020 abolished the Anglo-Indian nominated seats in Lok Sabha.
Representation Of States In Lok Sabha
Members from states are directly elected by the people from territorial constituencies.
The election is based on Universal Adult Franchise.
Every Indian citizen aged 18 years or above has the right to vote, subject to legal conditions.
The 61st Constitutional Amendment Act, 1988 reduced the voting age from 21 years to 18 years.
Representation Of Union Territories In Lok Sabha
Parliament decides the method for choosing representatives of Union Territories.
The Union Territories (Direct Election to the House of the People) Act, 1965 provides for representation of Union Territories in Lok Sabha.
Territorial Constituencies
For Lok Sabha elections, every state is divided into territorial constituencies.
The aim is to maintain equality in representation as far as possible.
Reservation Of Seats For SCs And STs
Seats are reserved for Scheduled Castes and Scheduled Tribes in Lok Sabha.
Reservation is based on the population ratio of SCs and STs to the total population.
Originally, this reservation was meant for 10 years, but it has been extended repeatedly through constitutional amendments.
Duration Of Rajya Sabha
Rajya Sabha is a permanent House.
It is not subject to dissolution.
- One-third of its members retire every second year.
- Vacant seats are filled through fresh elections.
- Retiring members are eligible for re-election.
- The term of a Rajya Sabha member is 6 years under the Representation of the People Act, 1951.
Duration Of Lok Sabha
The normal term of Lok Sabha is 5 years.
The President can dissolve Lok Sabha before the completion of 5 years.
This dissolution cannot be challenged in court.
During a National Emergency, the term of Lok Sabha can be extended according to constitutional provisions.
If Lok Sabha is dissolved earlier, elections must be held within 6 months.
Membership Of Parliament
A person must fulfil constitutional and legal conditions to become a member of Parliament.
Qualifications For Membership
A candidate must:
- Be a citizen of India.
- Take oath or affirmation according to the Third Schedule.
- Be at least 30 years old for Rajya Sabha.
- Be at least 25 years old for Lok Sabha.
- Possess other qualifications prescribed by Parliament.
Under the Representation of the People Act, 1951:
- The candidate must be a registered elector for a parliamentary constituency.
- For reserved seats, the candidate must belong to SC or ST of that state or Union Territory.
- SC and ST candidates may also contest from unreserved seats.
Disqualification Of Members
A person can be disqualified from being a member of Parliament if:
- He holds an office of profit.
- He is of unsound mind and declared so by a court.
- He is an undischarged insolvent.
- He is not a citizen of India.
- He has voluntarily acquired foreign citizenship.
- He is disqualified under any law made by Parliament.
Disqualification Under Representation Of The People Act, 1951
A person may be disqualified if:
- He is guilty of election offences or corrupt practices.
- He is convicted and imprisoned for 2 or more years.
- He fails to submit election expenses within time.
- He has an interest in government contracts or services.
- He has been dismissed from government service for corruption or disloyalty.
- He is convicted for promoting enmity, bribery or social offences such as untouchability, dowry or sati.
Disqualification is decided by the President after obtaining the opinion of the Election Commission.
Disqualification On Grounds Of Defection
Defection is covered under the Tenth Schedule.
The Tenth Schedule was added by the 52nd Constitutional Amendment Act, 1985.
Grounds Of Defection
A member may be disqualified if:
- He voluntarily gives up membership of his political party.
- He votes or abstains from voting against the party whip.
- An independent member joins a political party after election.
- A nominated member joins a political party after 6 months.
The decision is taken by the Presiding Officer of the House.
This decision is subject to judicial review.
Vacating Of Seats
A person cannot be a member of both Houses of Parliament at the same time.
Multiple Membership Rules
- If a person is elected to both Houses, he must choose one within 10 days.
- If he does not choose, his Rajya Sabha seat becomes vacant.
- If elected to two seats in the same House, he must choose one.
- A person cannot be a member of Parliament and a State Legislature at the same time.
- If elected to both, he must resign from the State Legislature within 14 days, otherwise his Parliament seat becomes vacant.
Other Grounds For Vacating Seat
A seat may also become vacant due to:
- Disqualification.
- Resignation submitted to the Speaker or Chairman.
- Absence for 60 days without permission.
- Election being declared void.
- Expulsion by the House.
- Election as President or Vice-President.
- Appointment as Governor.
Oath Or Affirmation
Members of Parliament take oath before the President or a person appointed by him.
Without taking oath, a member:
- Cannot vote.
- Cannot participate in proceedings.
- Cannot enjoy privileges and immunities.
A penalty of ₹500 per day applies if a person sits or votes before taking oath, while disqualified, or when prohibited by law.
Salaries And Allowances
Salaries and allowances of Members of Parliament are determined by Parliament.
The Constitution does not provide for pension.
Important Facts At A Glance
| Topic | Fact |
|---|---|
| Constitutional Part | Part V |
| Article | Article 79 |
| Parliament consists of | President, Lok Sabha, Rajya Sabha |
| Rajya Sabha maximum strength | 250 |
| Rajya Sabha nominated members | 12 |
| Rajya Sabha term | 6 years |
| Lok Sabha term | 5 years |
| Lok Sabha voting age | 18 years |
| Amendment reducing voting age | 61st Amendment Act, 1988 |
| Anglo-Indian nomination abolished by | 104th Amendment Act, 2020 |
| Minimum age for Lok Sabha | 25 years |
| Minimum age for Rajya Sabha | 30 years |
| Anti-defection law | Tenth Schedule |
| Tenth Schedule added by | 52nd Amendment Act, 1985 |
FAQs On Parliament Of India
What is the Parliament of India?
Parliament is the supreme legislative body of India. It consists of the President, Lok Sabha and Rajya Sabha.
Which Article deals with the composition of Parliament?
Article 79 states that Parliament consists of the President and two Houses, Rajya Sabha and Lok Sabha.
Is the President a member of Parliament?
The President is not a member of either House, but he is an integral part of Parliament.
What is the maximum strength of Rajya Sabha?
The maximum strength of Rajya Sabha is 250 members.
How many members are nominated to Rajya Sabha?
The President nominates b to Rajya Sabha.
What is the term of a Rajya Sabha member?
A Rajya Sabha member has a term of 6 years.
Is Rajya Sabha dissolved?
No. Rajya Sabha is a permanent House and is not subject to dissolution.
What is the normal term of Lok Sabha?
The normal term of Lok Sabha is 5 years.
What is the minimum age for Lok Sabha membership?
The minimum age for Lok Sabha membership is 25 years.
What is the minimum age for Rajya Sabha membership?
The minimum age for Rajya Sabha membership is 30 years.
Which amendment reduced the voting age from 21 to 18?
The 61st Constitutional Amendment Act, 1988 reduced the voting age from 21 to 18.
Which amendment abolished Anglo-Indian nominated seats in Lok Sabha?
The 104th Constitutional Amendment Act, 2020 abolished the Anglo-Indian nominated seats in Lok Sabha.
What is the Tenth Schedule?
The Tenth Schedule contains provisions related to disqualification of legislators on the ground of defection.
Which amendment added the Tenth Schedule?
The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule.
Last Moment Exam Cheat Sheet – Parliament Of India
- Part V – Parliament.
- Article 79 – Parliament consists of President, Lok Sabha and Rajya Sabha.
- Rajya Sabha – Upper House, Second Chamber, House of Elders.
- Lok Sabha – Lower House, First Chamber, Popular House.
- Rajya Sabha maximum strength – 250.
- Rajya Sabha nominated members – 12 by President.
- Fields for nomination – Art, Literature, Science, Social Service.
- Fourth Schedule – Rajya Sabha seat allocation.
- Rajya Sabha election – Proportional Representation by Single Transferable Vote.
- Delhi and Puducherry – UTs represented in Rajya Sabha.
- Lok Sabha maximum strength originally – 552.
- 104th Amendment Act, 2020 – Abolished Anglo-Indian nominated seats in Lok Sabha.
- Universal Adult Franchise – Citizens aged 18 years or above can vote.
- 61st Amendment Act, 1988 – Voting age reduced from 21 to 18.
- Rajya Sabha – Permanent House, not dissolved.
- Rajya Sabha member term – 6 years.
- Lok Sabha term – 5 years.
- Lok Sabha can be dissolved by – President.
- Minimum age for Lok Sabha – 25 years.
- Minimum age for Rajya Sabha – 30 years.
- Tenth Schedule – Anti-defection law.
- 52nd Amendment Act, 1985 – Added Tenth Schedule.
- Oath before – President or person appointed by him.
- Penalty for sitting/voting without oath – ₹500 per day.