• RAJYA SABHA AND LOK SABHA

UNIT 9 – THE PARLIAMENT – PART 1

THE PARLIAMENT

The institution of Parliament is inevitable for the functioning of any democratic system of government. In India, the Parliament is the highest law-making body of the Union composed of the President, the Rajya Sabha or the Council of States and the Lok Sabha or the House of People. The composition, organisation, functioning, privileges and so on of the two houses of Parliament are dealt with in articles 79 to 122 under Part V of the constitution.

Rajya Sabha and Lok Sabha

S. No

 

Rajya Sabha (RS)

Lok Sabha (LS)

1

Other Names

Upper House or Council of States or Second Chamber.

Lower House or House of People or First Chamber.

2

Purpose

To represent the states and the union territories(UTs).

To represent the people of states and union territories.

3

Composition

Maximum Strength Allowed: 250

From States and UTs: 238

Nominated by President: 12

Actual Strength: 245

From States: 229

From UTs: 4

Nominated by President: 12

Maximum Strength Allowed: 552

From States: 530

From UTs: 20

Nominated by President: 2

Actual Strength: 545

From States: 530

From UTs: 13

Nominated by President: 2

4

Election

1) The members of RS are elected by the elected members of state legislative assemblies.

2) The allocation of seats in RS to the states is based on the population of states.

3) The system of Proportional Representation by means of Single transferable Vote is followed.

4) The RS members representing the UTs are indirectly elected by a special electorate constituted for this purpose. Only two UTs, Delhi and Puducherry have representatives in RS.

5) The nominated members are persons with special knowledge or practical experience in the field of art, science, literature and social service.

1) The members of LS are elected directly by the people of respective territorial constituencies of the states and UTs.

2) The allocation of seats in LS to the states is based on the population of the states provided that uniformity is maintained between different states and the different constituencies of each state.

3) The system of universal adult franchise is followed.

4) The LS members from UTs are also directly elected by the people.

5) The President can nominate 2 members to LS from Anglo-Indian community if in his opinion, the community is not adequately represented in the LS.

 

6

Reservation To SCs and STs

Not available

Seats are reserved to SCs and STs on the basis of their population ratio.

7

Duration

The RS is a permanent body and cannot be dissolved. Every second year, 1/3rd of its members retire and elections are conducted to fill the vacancies.

1) The LS is not a permanent body and automatically gets dissolved with the completion of a term of five years.

2) The President can dissolve the LS even before the five year term and this cannot be challenged in any court.

3) The duration of LS can be extended by a law of Parliament for one year at a time(for any number of times) during National Emergency.

4) After the revocation of emergency, the election to LS has to be conducted within six months’ time.

8

Qualification

1) He must be a citizen of India

2) He must not be less than 30 years of age

3) He must make an oath or affirmation before the President or a person appointed by him.

1) He must be a citizen of India

2) He must not be less than 25 years of age

3) He must make an oath or affirmation before the President or a person appointed by him.

9

Disqualification

1) If he holds an office of profit under the union or state governments (except offices that are exempted by Parliament)

2) If he is not a citizen of India

3) If he is of unsound mind

4) If he is an undischarged insolvent.

He can also be disqualified under any law enacted by the Parliament in this regard.

In the question of disqualification, President’s decision is final.

1) If he holds an office of profit under the union or state governments (except offices that are exempted by Parliament)

2) If he is not a citizen of India

3) If he is of unsound mind

4) If he is an undischarged insolvent.

He can also be disqualified under any law enacted by the Parliament in this regard.

In the question of disqualification, President’s decision is final.

10

Defection

Disqualification on the ground of defection under the  tenth schedule is decided by the Chairman of RS not by the President. The disqualification is subjected to judicial review.

Disqualification on the ground of defection under the tenth schedule is decided by the Speaker of LS, not by the President. The disqualification is subjected to judicial review.

 

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