PARLIAMENT OF –UPSC PCM (Articles 79-88/122) Though Article 79-122 deals with Chapter II (Parliament) of Part V (Union), we shall break the topic into sub-sections. In this post, we are covering only articles 79-88, which deals with the General provisions regarding the Parliament. Parliament consists of the , and . Normally, three Sessions of Parliament are held in a year: (i) Budget Session (February-May); (ii) Monsoon Session (July-August); and (iii) Winter Session (November-December). Table of Contents • Chapter II Parliament o ▪ Article 79 : Constitution of Parliament ▪ Article 80 : Composition of the Council of States – ▪ Article 81 : Composition of the House of the People ▪ Article 82 : Readjustment after each census ▪ Article 83 : Duration of Houses of Parliament ▪ Article 84 : Qualification for membership of Parliament ▪ Article 85 : Sessions of Parliament, prorogation and dissolution ▪ Article 86 : Right of President to address and send messages to Houses ▪ Article 87 : Special address by the President ▪ Article 88 : Rights of Ministers and Attorney-General as respects Houses • Info- Bits related with Parliament Chapter II Parliament ARTICLE 79 : CONSTITUTION OF PARLIAMENT There shall be a Parliament for the Union which shall consists of the President and two Houses to be known respectively as the Council of States and the House of the People. ARTICLE 80 : COMPOSITION OF THE COUNCIL OF STATES – (1) The Council of States shall consists of – (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of the States and of the Union territories. (2) The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (3) The members to be nominated by the President under sub-clause (a) and clause (1) shall consists of persons having special knowledge or practical experience in respect of such matters as the following, namely: – Literature, science, art and social service. (4) The representatives of each State in the Council of States shall be elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe. ARTICLE 81 : COMPOSITION OF THE HOUSE OF THE PEOPLE (1) Subject to the provisions of article 331, the House of the People shall consists of – (a) not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States, and (b) not more than twenty members to represent the Union territories, chosen in such manner as Parliament may by law provide. (2) For the purposes of sub-clause (a) of clause (1), – (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ration between that number and the population of the State is, so far as practicable, the same for all States; and (b) each State shall be divided into territorial constituencies in such manner that the ratio between the www.pragnyaias.com 7288081111

population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State: Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions. (3) In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census. ARTICLE 82 : READJUSTMENT AFTER EACH CENSUS Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies under this article. ARTICLE 83 : DURATION OF HOUSES OF PARLIAMENT (1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. (2) The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of 5 years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. ARTICLE 84 : QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT A person shall not be qualified to be chosen to fill a seat in Parliament unless he – (a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule; (b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. ARTICLE 85 : SESSIONS OF PARLIAMENT, PROROGATION AND DISSOLUTION (1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its lasting sitting in one session and the date appointed for its first sitting in the next session. (2) The President may from time to time – (a) prorogue the Houses or either House; (b) dissolve the House of the People. ARTICLE 86 : RIGHT OF PRESIDENT TO ADDRESS AND SEND MESSAGES TO HOUSES (1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.

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(2) The President may send messages to either House of Parliament, whether with respect to a then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. ARTICLE 87 : SPECIAL ADDRESS BY THE PRESIDENT (1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address. ARTICLE 88 : RIGHTS OF MINISTERS AND ATTORNEY-GENERAL AS RESPECTS HOUSES Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceeding of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. Info- Bits related with Parliament 1. The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States. 2. The Council of States is designed to maintain the federal character of the country. The number of members from a state depends on the population of the state (e.g. 31 from Uttar Pradesh and one from Nagaland). 3. Supreme Court can strike down certain provisions/amendments of Indian Constitution, if it feels that the provisions are unconstitutional or alter the basic structure of the constitution. But striking down does not take away the provisions from the Constitution. To take away the provisions, Parliament has to present a Constitution Amendment bill to repeal the provisions. DIFFERENCE BETWEEN ‘ADJOURNMENT’, ‘PROROGATION’, AND ‘DISSOLUTION’ – WHAT IS A SESSION? In this post, let us learn the differences between certain terms related to the sessions of Parliament. The terms we deal here include – summoning, adjournment, adjournment sine die, prorogation and dissolution. Table of Contents • A Session of Indian Parliament • Summoning • Adjournment • Adjournment Sine Die • Prorogation • Dissolution • Summary A Session of Indian Parliament A session of the Indian Parliament is the time period during which a House meets almost every day continuously to transact business. There are usually three sessions in a year. They are the Budget Session (February to May); the Monsoon Session (July to September); and the Winter Session (November to December). A session contains many meetings. Each meeting has two sittings – morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm. A sitting of Parliament can be terminated by adjournment, adjournment sine die, prorogation or dissolution. Technically, a session of the Indian Parliament is the period between the first sitting of a House and its prorogation or dissolution. The period between the prorogation of a House and its reassembly in a new session is called ‘recess’. Summoning Summoning is the process of calling all members of the Parliament to meet. It is the duty of Indian President to summon each House of the Parliament from time to time. The maximum gap between two

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sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice a year. Adjournment An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. In this case, the time of reassembly is specified. An adjournment only terminates a sitting and not a session of the House. The power of adjournment lies with the presiding officer of the House. Adjournment Sine Die Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die. The power of adjournment sine die lies with the presiding officer of the House. Note: The presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die. Prorogation Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Prorogation terminates both the sitting and session of the House. Usually, within a few days after the House is adjourned sine die by the presiding officer, the President issues a notification for the prorogation of the session. However, the President can also prorogue the House while in session. Note: All pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session. Dissolution A dissolution ends the very life of the existing House, and a new House is constituted after general elections are held. Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution. The dissolution of the Lok Sabha may take place in either of two ways: 1. Automatic dissolution: On the expiry of its tenure – five years or the terms as extended during a national emergency. 2. Order of President: If President is authorized by CoM, he can dissolve Lok Sabha, even before the end of the term. He may also dissolve Lok Sabha if CoM loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable. Note: When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. Summary • Adjournment – terminates a sitting. • Prorogation – terminates a session. • Dissolution – terminates the life of a House.

ALL about the The supreme legislative organ of the union of India is called the Parliament. Indian Constitution provides us a Parliamentary Democracy. Parliament of India is made from Lok Sabha, Rajya Sabha and President. Articles 79-122 of the Indian Constitution deal with the composition, powers and procedures of the Parliament of India. The supreme legislative organ of the union of India is called the Parliament. Indian Constitution provides us a Parliamentary Democracy. Parliament of India is made from Lok Sabha, Rajya Sabha and President. Articles 79-122 of the Indian Constitution deal with the composition, powers and procedures of the Parliament of India. Composition of the Parliament Article 79 of the states that there shall be a Parliament for the Union, which comprises of the President and the two Houses- Rajya Sabha (the council of states) and Lok sabha (House of the people). www.pragnyaias.com 7288081111

Article 80 of the Constitution specifies the composition of the council of states, which consists of 12 members nominated by the President and 238 representatives of the state and union territories. The allocation of seats in the council of states to be fulfilled by representatives of states and union territories in accordance with the provisions contained in the 4th schedule. Representation from States- They shall be elected by the elected members of the legislative assembly of the state in accordance with the system of proportional representation by means of single transferable vote. Hence from the above it can be said that the number of seats to each state varies in accordance with population of that state. Therefore larger states occupy more seats than smaller states. Features of the Indian Constitution Representatives from Union Territories: By convention the representatives are indirectly elected by members of an electoral college and the election is held in accordance with the system of proportional representation by means of the single transferable vote. Among all the Union Territories only Delhi and Pondicherry have representation since all other UT’s have less population. Nominated Members- those persons who have special knowledge or practical experience in the fields of literature, science, art and social service are provided opportunity to enter Rajya Sabha without going through process of election. Recently this clause was in news for nomination of Sachin Tendulkar as it does not provide for sportspersons to enter Rajya Sabha through Presidential nomination but later it was accepted. Article 81 specifies the composition of the house of the people, which consists of not more than 530 members chosen by direct elections from territorial constituencies in the states; not more than 20 members representing the union territories; 2 Anglo-Indians. Representation of States- They are elected by the people directly by universal adult franchise. Each state shall be allotted number of seats in the house of the people in such a manner that the ratio between the number and the population of the state is equal for all the states. There is also a provision for reservation of seats for SC/ ST communities on the basis of population ratio. Representation from Union Territories- According to the law prescribed by the Parliament the union territories direct election to the house of people act 1965 was passed and thereby they are also elected directly by people. Nominated Members- President has powers to elect 2 members from Anglo-Indian community if the President feels that their community is not adequately represented. Qualification for Membership of Parliament- According to Article 84 following are the qualifications for members of Parliament. It states that a person shall not be qualified to be chosen to fill a seat in Parliament unless he- Citizen of India • Makes and subscribes before some person authorized in that behalf by the election commission an oath or affirmation according to the form subscribed to that purpose in the third schedule. • In case of council of states the age of the member should not be less than 30 years and in case of house of people the age should not be less than 25 years. • Possessing such other qualification as mentioned by Parliament from time to time. Accordingly Parliament has passed Representation of peoples act 1951, following are additional qualifications as per this act. • A person shall not be qualified to be chosen as a representative of any state or UT in the council of states unless he is an elector of a parliamentary constituency in India • A person shall not be qualified to be chosen to fit a seat in the house of people unless in case of a seat reserved for the scheduled castes or scheduled tribe in any state, he is a member of any of SC / ST respectively whether of that state or of any other state and he is an elector for any parliamentary constituency. • A person shall be disqualified where the convicted person is sentenced to only fine, for a period of 6 years from the date of such conviction or imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of 6 years since his release.

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• If the election commission is satisfied that a person has failed to lodge an account of election expenses within the time and the manner required • Disqualification on the ground of corrupt practices and disloyalty The following are declared as corrupt practices under Representation of Peoples act 1951: • The appeal to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language • Promotion of feeling of enmity or hatred between different classes of citizens on the ground of religion, race, caste, community or language • Publication of any statement of fact which is false in relation to personal character or conduct of any candidate • Booth capturing • Incurring expenditure in contravention to that specified • Obtaining assistance from any person in service of government • Hiring or procuring any vehicle for free conveyance of any elector to and fro any polling station Working of the Parliament – Each house is the master of its procedure and may make rules for regulating its procedure and conduct of business subject to the provisions of the constitution. The validity of any proceedings in Parliament cannot be questioned in a court of law on the grounds of any alleged irregularity of procedure. Some of the basic rules of procedure and conduct of business have been laid down in the constitution itself. Every first hour of Parliamentary sittings start with during which the members ask question for which ministers are supposed to give their answer. The answers given by them shall depend on the type of question asked. Accordingly the questions can be starred for which the minister gives oral answers and other members can also ask supplementary questions depending on the answer provided by the minister. The questions can be un-starred for which usually written answer is provided by minister. Another type of question is short notice question for which a notice of 10 days is provided before asking questions for which also minister is supposed to give oral answer. Next to question hour is the zero hour which lasts till the agenda of the day. It is also utilized by members of Parliament to ask questions without giving any prior notice. The constitution has declared that Hindi and English can be the language of the Parliament. However presiding officer can permit for any other language to be used. Also every minister and attorney General has the power to take part in proceedings of any house of Parliament. They have the right to speak but without the right to vote in any other house other than the house to which they belong to. Proceeding of the house- the President from time to time summons each house of Parliament. The maximum period with in which a session to be held is 6 months i.e. it should meet at least twice a year. Normally these sessions can be classified into 3 sessions in a year i.e. • Budget Session – February – May • Monsoon Session – July – September • Winter Session- November- December MAINS Chapter 22: PARLIAMENT OF INDIA • As has been explained at the outset, our Constitution has adopted the Parliamentary system of Government which effects a harmonious blending of the legislative and executive organs of the State inasmuch as the executive power Is wielded by a group of members of the Legislature who command a majority in the popular Chamber of the Legislature and remain in power so long as they retain that majority. The functions of Parliament as the legislative organ follow from the above feature of the Parliamentary system: 1. Providing the Cabinet : It follows from the above, that the first function of Parliament is that of providing the Cabinet and holding them responsible. Though the responsibility of the cabinet is to the popular chamber, membership of the Cabinet is not necessarily restricted to that Chamber and some of the members are usually taken from the upper Chamber.

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2. Control of the Cabinet : It is a necessary corollary from the theory of ministerial responsibility that it is a business of the popular Chamber to see that the Cabinet remains in power so long as it retains the confidence of the majority in that House. This is expressly secured by Art. 75(3) of our Constitution. 3. While the Cabinet is left to formulate the policy, the function of Parliament is to bring about a discussion and criticism of that policy on the floor of the House, so that not only the Cabinet can get the advice of the deliberative body and learn about its own errors and deficiencies, but the nation as a whole can be appraised of an alternative point of view, on the evaluation of which representative democracy rests in theory. 4. Criticism of the Cabinet : and of individual Ministers. In modem time both the executive and legislative policies are initiated by the cabinet and the Importance of the legislative function of Parliament has, to at extent, diminished from the historical point of view. 5. But the critical function of Parliament has increased in importance and is bound to increase if Cabinet Government is to remain a 'responsible' form of Government instead of being an autocratic one. 6. In this function, both the houses participate but the task of bringing in a no confidence motion is essentially of the lower house only. 7. As an organ of information, Parliament is more powerful than the press or any other private agency. For Parliament secures the information authoritatively, from those in the know of things. This is done by debates and 'Questions' to ministers. 8. The next function of the Legislature is that of making laws [Arts. 107-108;245] which belongs to the Legislature equally under the Presidential and Parliamentary forms of government. 9. In India, since the inauguration of the Constitution the volume of legislation is steadily rising in order to carry out the manifold development and other measures necessary to establish a welfare State 10. Parliament has the sole power not only to authorise expenditure for the public services and to specify the purposes to which that money shall be appropriated, but also to provide the ways and means to raise the revenue required, by means of taxes and other impositions and also to ensure that the money that was granted has been spent for the authorised purposes. Lower house has a dominant role here. Key Points • While the system of proportional representation was abandoned by the constitution, the system of proportional representation was partially adopted for the second chamber in parliament and state legislatures. • As regards the Council of States, proportional representation by single transferable vole has been adopted for the indirect election by the elected members of the Legislative Assembly of each State, in order to give some representation to minority communities and parties • Similarly proportional representation has been proposed for election to the legislative council of a state by electorates consisting of municipalities, district boards, local authorities, graduates and teachers of three years standing resident in the state. • The reasons for not adopting proportional representation for the House of the PeopTe were thus explained In the Constituent Assembly- 1. Proportional representation presupposes literacy on a large scale. It presupposes that every voter should be a literate, at least to the extent of being in a position to know the numerals and mark them on the ballot paper. Having regard to the position of literacy in this country at present, such a presumption would be extravagant 2. Proportional representation is ill-suited to the Parliamentary system of government laid down by the Constitution. One or the disadvantages of proportional representation is the fragmentation of parliament into a number of small groups. 3. Although the British Parliament appointed a Royal commission in 1910 to consider the advisability of introducing proportional representation and the Commission recommended It. 4. Parliament did not eventually accept the recommendations of the Commissron on the ground that the proportional representation would not permit a stable Government. 5. Parliament would be divided into small groups, and every time something would displease them these groups would split and the government would fall.

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6. What India needed during independence was a stable Govemment and, therefore, proportion representation in the lower House to which the Government would be responsible could not be accepted.

Adjournment, Dissolution and Prorogation • The President has power-{a) to summon either House, (b) to prorogue either House, and (c) to dissolve the House of the People • As regards summoning, the Constitution imposes a duty upon the President, namely, that he must summon each House at such intervals that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. • The net result of this provision Is that Parliament must meet at least twice a year and not more than six months shall elapse between the date on which a House is prorogued and the commencement of its next session. • It would, in this context, be useful to distinguish prorogation and dissolution from adjournment. • A 'session' Is the period of time between the first meeting of a Parliament, and its prorogation or dissolution. • The period between the prorogation of Parliament and its re-assembly in a new session is termed recess. • Within a session, there are a number of daily 'sittings' separated by adjournments which postpone the further consideration of business for a specified time - hours, days and weeks. • The sitting of a House may be terminated by (a) dissolution, (b) prorogation, or (c) adjournment. • As stated already, only the Lok sabha is subject to dissolution, Dissolution may take by efflux of time, ie., on the expiry of its term five years or terms as extended during a Proclamation of Emergency or by an exercise of the President's power under An. 85(2). • While the powers of dissolution and prorogation are exercised by the President on the advice of his Council of MInisters, the power to adjournment the daily sittings of the House of the People and the Council of States belongs to the Speaker and the Chairman, respectively. • A dissolution brings the House of the People to an end (so that there must be a fresh election), while prorogation merely terminates a session. • Adjournment does not put an end to the existence of a session of Parliament but merely postpones the further transaction of business for a specified time, hours, days or weeks. • A dissolution ends the very life of the existing House of the People so that all matters pending before the House lapse with the dissolution. • If these matters have to be pursued they must be re-introduced in the new house after re-election. All bills such as those which are introduced in the house and pending before the council of states or those that originated in the council and are pending before the house , motions, notices shall lapse. • But bills that were originated in council but not yet been passed by the house shall not lapse. A dissolution also doesnt affect the joint sitting if it was notified before the dissolution. • Though in England prorogation also wipes all business pending at the date of prorogation, in India, all Bills pending in Parliament are expressly saved by Art. 107(3). In the result, the only effect of a prorogation is that pending notices, motions and resolutions lapse, but Bills remain unaffected. • Adjournment has no such effect on pending business. Parliament Parliament consists of: 1. President 2. Council of state [ Rajya Sabha or upper house] 3. House of people [Lok Sabha or lower house] Houses of Parliament Rajya Sabha: It has a strength of maximum 250 out of which maximum 238 are members of states and UT’s elected indirectly and 12 are nominated by the president. Representatives of states in the Rajya Sabha are elected by only the elected members of state legislative www.pragnyaias.com 7288081111

assemblies. Proportional representation is the system of election and seats are allocated on basis of population. For UT’s a special electoral college elects the representatives by indirect election. Proportional system of election is used. Only Delhi and Puducherry have representation in the Rajya Sabha. 12 members to Rajya Sabha are nominated by president having special knowledge in field of arts, science, social service and literature. The Council of States thus reflects a federal character by representing the Units of the federation. But It does not follow the American principle of equality in State representation In the Second Chamber. In India, the number of representatives of the States to the Council of States varies from 1 (Nagaland) to 31 (Uttar Pradesh). Features of Rajya Sabha: It is a permanent body and can’t be dissolved. Every two years one third of its members retire and at beginning of every third year their seats are filled by presidential nominations and re-elections. A person can be re-elected and renominated any number of times. The constitution has left to parliament to decide the term of office of a Rajya Sabha MP and the order of retirement of MP’s. Special powers of the Rajya Sabha: It allows the parliament to make laws on matters in the state list. 1. It allows parliament to create a new all India service common to centre and states. Lok Sabha: It can have maximum 550 elected and 2 nominated members. Out of which 530 are from states and 20 from UT’s. These are elected on universal adult franchise. The voting age was reduced from 21 to 18 yrs by 61st amendment. Constitution has empowered parliament to decide how the representatives of UT can be chosen [election or otherwise]. But the parliament chose direct election. Lok Sabha automatically dissolves after 5 years from the date of its first sitting in normal circumstances. Features of the Lok Sabha: The constitution wants to ensure uniformity of representation between different states and within a state between different constituencies. After every census delimitation exercise id done to decide representation to each state and territorial constituencies in each state. However the allocation of seats for states were frozen till the year 2026 [census: 1971] for encouraging population control measures. Currently 2001 census is used for delimitation but the numbers of seats of states aren’t altered. Only the numbers of SC and ST seats in a state are changed in accordance with the census. Qualifications to become an MP:

1. citizen of India 2. not less than 30 yrs in case of Rajya Sabha and 25 yrs in case of Lok Sabha 3. any other qualification as prescribed by parliament 4. he must be registered as a voter in any parliamentary constituency 5. He must be a member of SC/ST in any state or UT if he wishes to contest in reserved seats. However he can also contest from unreserved seats too. Disqualifications:

1. holds an office of profit under union or state government only [not local] 2. unsound mind, undischarged insolvent and not a citizen of India

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3. been found guilty of electoral offences and corrupt practices in elections 4. sentenced for more than 2 yrs imprisonment for a crime 5. holds an office of profit in a company where govt holding is 25% and above 6. has interest in government contracts, works 7. Has been convicted of preaching social crimes like untouchability, dowry and sati. 8. doesn’t lodge election expense on time 9. has been convicted of promoting enmity between groups or bribery 10. Has been dismissed from government service for disloyalty to state or corruption. President decision on disqualification on these matters is final but he has to obtain advice of election commission on this matters. Tenth Schedule – Anti defection

The speaker of Lok Sabha or chairman of Rajya Sabha decides on matters of disqualification of MP’s if. 1. he resigns from membership of party on whose ticket he contested elections 2. he votes or abstains from voting contrary to directions given by party 3. independently elected member joins any party 4. nominated member joins any party after expiry of 6 months of the period on which he joined. Exceptions: (a) If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such merger. (b) If a member, after being elected as the presiding officer of the House,voluntarily gives up the Membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office.

Rules against double membership

Double membership isn’t allowed so if a person is elected to both houses he must tell which house he wants to serve otherwise his seat in RS becomes vacant. If a member of one house is elected to second house his seat in first house becomes vacant. If a person is elected to two seats in the house he must resign from one or else his both seats become vacant. A person if elected to parliament and state legislature then he must decide in 14 days where to serve else his seat in parliament is vacated. An MP can resign in writing anytime to the chairman of RS or speaker of LS depending on his membership. Matters regarding election of disqualified persons to parliament are handled by the H.C. A person is liable for a penalty of Rs.500 per day if he sits and votes in house proceeding without taking an oath. Sessions of Parliament The budget session of the Parliament will be held in two phases — from January 31, 2020, to February 11, 2020, and March 2, 2020, to April 3, 2020. Nirmala Sitharaman is all set to present her second Union budget on February 1, 2020. Sessions of Parliament A session of the Indian Parliament is the period during which a House meets almost every day uninterruptedly to manage the business. There are typically three sessions in a year. A session contains many meetings. The process of calling all members of the Parliament to meet is called Summoning of Parliament. It is the President who summons Parliament. In general, the sessions are as follows: www.pragnyaias.com 7288081111

• Budget session (February to May) • Monsoon session (July to September) • Winter session (November to December) Budget Session • The budget session is held in February to May every year. • It is considered to be a highly crucial session of the Parliament. • The Budget is usually presented on the last working day of the month of February. • Here, the members discuss the various provisions of the budget and matters concerning taxation, after the Finance Minister presents the budget. • The budget session is generally split into two periods with a gap of one month between them. • This session every year starts with the President’s Address to both Houses. Monsoon Session • The monsoon session is held in July to September every year. • This is after a break of two months after the budget session. • In this session, matters of public interest are discussed. Winter Session • The winter session of Parliament is held in mid-November to mid-December every year. • It is the shortest session of all. • It takes up the matters that could not be considered upon earlier and makes up for the absence of legislative business during the second session of the Parliament. Joint Session of Parliament • The Constitution of India provides for the joint sitting of the Parliament’s two Houses, the Lok Sabha and the Rajya Sabha, in order to break any deadlock between the two. • The joint sitting of the Parliament is called by the country’s President. • Such a session is presided over by the Speaker, and in his/her absence, by the Deputy . In the absence of both, it is presided over by the Deputy Chairman of the Rajya Sabha. • If any of the above are not present, any other member of the Parliament can preside by consensus of both the Houses. • Article 108 of the Constitution talks about a joint Parliament session. When is a Joint Session called? If a bill is passed by one House and passed on to the other and – 1. The bill is rejected by the other House 2. The Houses disagree on the amendments made to the bill 3. If 6 months have passed since the passing of the bill by one House and the bill has been received by the other House without it being passed (the President cannot summon a joint sitting if the bill was not passed because of the dissolution of the Lok Sabha). Also, in calculating the 6 months, days, when House was prorogued or adjourned for more than 4 consecutive days, are not counted. Exceptions to Joint Sittings 1. Money Bills: Money bills do not require the approval of the Rajya Sabha. Only Lok Sabha needs to pass it. Even if the Upper House does not pass a within 14 days, it is deemed to have been passed by both Houses of Parliament after the expiry of the above period. So, there is no case for a joint sitting in the case of a money bill. 2. Constitution Amendment Bills: According to Article 368, the constitution of India can be amended by both the Houses by a 2/3rd majority. In case of a disagreement between both the houses, there is no provision for a joint session of Parliament. Joint Sitting of Both Houses of Parliament--MAINS Joint Sitting of Parliament The Constitution of India provides for a joint session of the Parliament. • India has a bicameral Parliament. To pass any bill, both the Houses (the Lok Sabha and the Rajya Sabha) must concur. The bill has to be passed by both Houses before the President can give his/her assent.

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• The founding fathers foresaw situations where there could be a deadlock between both Houses of Parliament. • Therefore, they provided for a constitutional mechanism to break this deadlock, in the form of joint sittings. Joint Sitting of Parliament is Summoned by • The joint sitting is called by the President. • The Speaker presides over a joint sitting. In the absence of the Speaker, the Deputy Speaker of the Lok Sabha presides over it, and in his absence, the sitting is presided over by the Deputy Chairman of the Rajya Sabha. • If any of the above-mentioned people are not available, any Member of Parliament (MP) can preside over the sitting by consensus of both Houses. • The quorum to constitute a joint sitting: 1/10th of the total number of members of the House. Joint Sitting Constitutional Provision Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament. Accordingly, a joint session can be summoned when: If after a bill is passed by one House and transmitted to the other House – 1. The other House rejects this bill, or 2. The Houses do not agree on the amendments made to the bill, or 3. More than six months elapse with the bill being received by the other House without it being passed. Then, the President can summon a joint sitting unless the bill had elapsed because of the Lok Sabha’s dissolution. How is the period of the above-mentioned 6 months calculated? Those days are not taken into account when the House is prorogued or adjourned for over 4 consecutive days. Conduct of Business • According to Article 118, the President can make rules for the procedure of the joint sitting after due consultation with the Lok Sabha Speaker and Rajya Sabha Chairman. • In a joint sitting, any new amendment cannot be proposed in the bill, excepting those which have been passed by one House and refused by the other. • Amendments which are relevant to the matter at discussion can only be proposed. • With regard to the admissibility of amendments, the decision of the presiding officer is final. • The bill in a joint sitting is passed by a simple majority. According to Article 87 of the Constitution, there are two instances when the country’s President specifically addresses a joint sitting of both Houses. They are: 1. At the start of the first session after a general election. This is when the reconstituted ok Sabha meets for the first time after being elected. 2. At the start of the first session every year. Exceptions to Joint Sittings There are two exceptions when a joint sitting cannot be summoned. They are for the following bills: 1. Constitution Amendment Bill: According to Article 368, the Constitution can be amended only by a 2/3rd majority in both Houses. There is no provision for a joint sitting in case of a disagreement between both Houses. 2. Money Bill (Article 110): As per the Constitution, money bills require the Lok Sabha’s approval only. 1. Even of the Rajya Sabha does not pass the money bill within 14 days, the bill is considered passed by both Houses after the period of 14 days is over. 2. The Rajya Sabha can make recommendations to the Bill which the Lok Sabha is not required to accept. 3. Thus, in the case of a money bill, the necessity of a joint sitting does not arise. Sessions Of Parliament, Prorogation And Dissolution --MAINS Sessions of Parliament A session of the Indian Parliament is the period during which a House meets almost every day uninterruptedly to manage the business. www.pragnyaias.com 7288081111

• There are typically three sessions in one year. • A session will have many meetings. • In general, the sessions are as follows: o Budget session (February to May) o Monsoon session (July to September) o Winter session (November to December) Summoning of Parliament • Summoning is the process of calling all members of the Parliament to meet. • The President summons each House of the Parliament from time to time. • The gap between two sessions of the Parliament cannot exceed 6 months, which means the Parliament meets at least two times in one year. Adjournment An adjournment terminates a sitting of the House. • The House then meets again at the appointed time for the next sitting. • The adjournment can be for a few hours, days or weeks, depending on the specified time. • If the adjournment is done (sitting terminated) without any time scale, it is known as adjournment sine die. • The power of adjournment sine die is only with the presiding officer of the House. Prorogation Prorogation means the end of a session. • Prorogation implies the end of the sitting as well as the session and not the dissolution of the House. • Point to note: The Rajya Sabha is not dissolved as it is a permanent House, only the Lok Sabha is dissolved. • The President can prorogue the House while in session also. • Generally, the President issues a notice for the session’s prorogation a few days after the House is adjourned sine die by the presiding officer of the House. • All pending notices lapse on the prorogation of the House. • However, there is no impact on bills upon prorogation. • The time between prorogation and reassembly is called Recess. Dissolution The Lok Sabha is dissolved at the end of its five-year term (automatic dissolution) or by a Presidential order. • The Rajya Sabha is not dissolved. Its members have a fixed term of 6 years, with a third of its members up for elections every two years. • When does the President give the order for Lok Sabha’s dissolution? o If authorised by the Council of Ministers, he can give the order even before the end of the five-year term. o He can also dissolve if the Council of Ministers lose confidence and no party is able to prove majority. • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions, etc. pending before it or its committees lapse. • The last session before the Lok Sabha is dissolved is called a Lame Duck session. • Only the President can dissolve the House. Points to Note: Prorogation: Done by the President Dissolution: Done by the President Adjournment: Done by Presiding Officer of the House (Speaker/Deputy Speaker in the Lok Sabha; Chairman/Deputy Chairman in the Rajya Sabha) Lok Sabha Indian Parliament consists of Lok Sabha, Rajya Sabha and the President of India. Lok Sabha is the lower house of the parliament and is termed as the popular chamber of the Indian Parliament. What is Lok Sabha and who are Lok Sabha members?

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Indian Parliament is bicameral in nature i.e. that it has two houses. Lok Sabha is one of those two houses. The other house is the Rajya Sabha. Lok Sabha is the first chamber of the parliament and represents the people of India as a whole. The members elected by universal adult suffrage are part of Lok Sabha. Composition of Lok Sabha: Composition of Lok Sabha

Maximum Strength – 552 530 represent the States

20 are the representatives of Union Territories

2 are nominated by the President from Anglo-Indian Community

Current Strength – 545 530 represent States

13 represent Union Territories

2 are nominated from the President from Anglo-Indian Community

Lok Sabha Elections The members of Parliament (MPs) are elected/appointed from states, union territories or are appointed from a field of particular expertise. The elections to Lok Sabha occur every 5 years in the name of general elections. The Indian Constitution has adopted universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies. Representation of States in Lok Sabha: • Members are directly elected by the people from the territorial constituencies in the states • Election Principle used – Universal Adult Franchise • Eligibility to Vote: Any Indian Citizen of/above 18 years of age Note: Voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988. Representation of Union Territories in Lok Sabha: • Parliament is empowered to choose the members from the UTs in any manner as it desires • Election Principle used – Direct Election Note: Union Territories (Direct Election to the House of the People) Act, 1965, has been enacted by which the members of Lok Sabha from the union territories are chosen by direct election. Representation of Nominated Members in Lok Sabha: President nominates 2 members from Anglo-Indian Community if they are not adequately represented. Note: The provision to nominate Anglo-Indians was extended till 2020 by 95th Amendment Act, 2009. Facts about Lok Sabha elections for UPSC • 1st Lok Sabha Election took place in 1952. There were 489 seats elected. Congress won 364 out of 489 seats. became the first Prime Minister. • 2019 Lok Sabha elections were country’s 17th General Elections. Elections took place for 552 seats. BJP won 303 seats out of 552. is the Prime Minister. • In 1952, only 22 women were elected while in 2014, 49 women candidates were elected. • Elections to Lok Sabha are carried out using a first-past-the-post electoral system. Who is Lok Sabha Speaker? The speaker of Lok Sabha is a member who elected from amongst the members of the house. He chairs the house and no proceedings in the house take place in his absence. Facts about Lok Sabha Speaker for UPSC: • 1st Lok Sabha Speaker – Ganesh Vasudev Mavalankar (1952-1956) (died in the office) o Ananthasayanam Ayyanagar was elected as Lok Sabha Speaker in 1956 who worked till 1957 www.pragnyaias.com 7288081111

• After 16th Lok Sabha elections, Ms Sumitra Mahajan was elected as the Lok Sabha speaker • Following elections (2019 General Elections), is the speaker of Lok Sabha. Lok Sabha Constituencies There are 543 constituencies in India that take part in Lok Sabha elections. There are various doubts related to Lok Sabha constituencies which strike an aspirants’ mind. Below-given are answers to a few questions related to Lok Sabha constituencies which you may know for UPSC Prelims: Which is the largest constituency (area-wise)? Ladakh (173266.37 sq.km)

Which is the smallest constituency (area-wise)? Chandni Chowk (10.59 sq.km)

Which is the largest constituency (electors-wise) Malkajgiri (29,53,915)

Which is the smallest constituency (electors-wise) Lakshadweep (47972)

Lok Sabha and important articles of the Indian Constitution The following are important articles of the Indian Constitution in relation to Lok Sabha: Articles Provision

Article 326 Elections to Lok Sabha shall be on the basis of adult suffrage (Part XV)

Article 83 Lok Sabha will continue for 5 years, unless sooner dissolved, from the date (2) appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House

Article 75 Council of Ministers are collectively responsible to Lok Sabha

Article 324 Power, superintendence of Election Commission w.r.t. Lok Sabha elections and more

What are the important amendments acts related to Lok Sabha? The following table provides the list of important amendment acts and their relationship with Lok Sabha: Amendment Act Amended Provisions w.r.t. Lok Sabha

2nd Amendment Readjusted the scale of representation in the Lok Sabha Act, 1952

23rd Amendment Extended the reservation of seats for the SCs and STs, and special Act, 1969 representation for the Anglo-Indians in the Lok Sabha for a further period of ten years (i.e., up to 1980)

31st Amendment Increased the number of Lok Sabha seats from 525 to 545 Act, 1972

41st Amendment • Froze the seats in the Lok Sabha and state legislative assemblies on the basis

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Act, 1976 of 1971 census till 2001 • Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years

44th Amendment • Restored the original term of the Lok Sabha and the state legislative Act, 1978 assemblies (i.e., 5 years) • Omitted the provisions which took away the power of the court to decide the election disputes of the Lok Sabha Speaker

45th Amendment Extended the reservation of seats for the SCs and STs and special Act, 1980 representation for the Anglo-Indians in the Lok Sabha

51st Amendment Provided for reservation of seats in the Lok Sabha for STs in Meghalaya, Act, 1984 Arunachal Pradesh, Nagaland and Mizoram

61st Amendment Reduced the voting age from 21 years to 18 years for the Lok Sabha Act, 1989

62nd Amendment Extended the reservation of seats for the SCs and STs and special Act, 1989 representation for the Anglo-Indians in the Lok Sabha

79th Amendment Extended the reservation of seats for the SCs and STs and special Act, 1999 representation for the Anglo-Indians in the Lok Sabha

84th Amendment Extended the ban on the readjustment of seats in the Lok Sabha for another 25 Act, 2001 years (i.e., up to 2026) with the same objective of encouraging population limiting measures

91st Amendment Article 75(1A): The total number of ministers, including the Prime Minister, Act, 2003 in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha

95th Amendment Article 334: Extended the reservation of seats for the SCs and STs and Act, 2009 special representation for the Anglo-Indians in the Lok Sabha for a further period of ten years i.e., up to 2020

Questions related to Lok Sabha for UPSC Check below the important questions that are related to the topic ‘Lok Sabha’ in the table below: When was NOTA introduced in Lok NOTA was introduced in 16th Lok Sabha Elections of Sabha? 2014

When was VVPAT was introduced • A voter-verifiable paper audit trail was first used in an in Lok Sabha? election in India in September 2013 in Noksen in Nagaland • Later, introduced in 8 of 543 parliamentary constituencies in 2014

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How many Department Related There are 16 Standing Committees in Lok Sabha. Standing Committees (DRSC) are there in Lok Sabha?

What is the role of Lok Sabha in the Money Bill can only be introduced in Lok Sabha. Lok introduction on Money Bill? Sabha speaker decides the credibility of the money bill.

Who is the leader of Lok Sabha? Prime Minister is the leader of the house

What is the qualification of Lok • Must be an Indian Citizen Sabha members? • He must be not less than 25 years of age • Must be registered as an elector for a parliamentary constituency • Those who want to contest election from the seat reserved for SC/ST must be a member of a scheduled caste or scheduled tribe in any state or union territory Removal of the Speaker: • The House can remove the Speaker through a resolution passed by an effective majority which means more than 50% of the total strength needs to vote for removing the Speaker. This is done as per Articles 94 and 96. • The Speaker can also be removed on getting disqualified from being a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951. • A Speaker can also tender his resignation to the Deputy Speaker. • Dr. Neelam Sanjiva Reddy is the only Speaker to have resigned from office. • Dr. Neelam Sanjiva Reddy also has the distinction of having been a Speaker who was later elected as the President of India. • Since the Indian system of government follows the Westminster model, the Parliamentary proceedings of the country are headed by a presiding officer who is called the Speaker. • The Lok Sabha which is the highest legislative body in the country, chooses its Speaker who presides over the day to day functioning of the House. A Few Notable Points: How is the schedule for first session decided? • The Lok Sabha will commence its first session in the first week it’s formation. The exact date of commencement of the first session and the schedule of key events in the session, including the date of President’s address, is decided by the Cabinet Committee on Parliamentary Affairs. This Committee will be set up after the swearing in of the Council of Ministers. Who presides over the first session? • Every proceeding of the House is presided by a Speaker. • The Office of the Speaker becomes vacant immediately before the first meeting of a new Lok Sabha. Therefore, a temporary speaker, known as the pro-tem Speaker, is chosen from among the newly elected MPs. The pro-tem Speaker administers oath/affirmation to the newly elected members, and also presides over the sitting in which the new Speaker is elected. • The office of the pro-tem Speaker ceases to exist when the new Speaker is elected. How is the pro-tem speaker chosen? • Once the new government is elected, a list containing the names of the senior-most members of the House is prepared. The seniority is decided by total tenure as a member of either Lok Sabha or Rajya Sabha. The Prime Minister then identifies a Member from the list who acts as the Speaker pro-tem. Three other members are also identified before whom other members may take oath/affirmation. How is the new Speaker chosen? www.pragnyaias.com 7288081111

• Any member may give notice of a motion that another Member be chosen as the Speaker of the House. The motions are then moved and voted upon. After the results are announced, the Speaker-elect is felicitated by leaders of all political parties, including the Prime Minister and Leader of the Opposition. From then, the new Speaker takes over the proceedings of the House. • An understanding of the Constitution, the Rules of Procedure, and conventions of Parliament is considered a major asset for the Speaker. While this might indicate that a Speaker be one of the senior- most members of the House, this has not always been the norm. There have been occasions in the past where the Speaker of the House was a first-time MP. • For instance, Mr. K.S. Hegde, the Speaker of the sixth Lok Sabha and Mr. Bal Ram Jakhar, the Speaker of the seventh Lok Sabha were both first time MPs What is the role of the Speaker in the House? • While members of Parliament represent individual constituencies, the Speaker represents the whole authority of the House itself. • He or she symbolizes the dignity and power of the House over which he or she is presiding. Therefore, it is expected that the holder of this office, acts as a true guardian of the traditions of Parliamentary democracy. • According to the Constitution of India, a Speaker is vested with immense administrative and discretionary powers. These include: Presiding over the meetings of the House (In other words, the Speaker conducts the business of the house by ensuring discipline and decorum among the members). • He/she guards the rights and privileges of the members of the two Houses (deciding who should speak at what time; the questions to be asked; the order of proceedings to be followed, among others). • A Speaker uses his/her power to vote in order to resolve a deadlock, i.e. when a House initiates a voting procedure, the Speaker doesn’t cast a vote in the first instance. It is only when the two sides receive an equal number of votes, that the Speaker’s vote breaks the deadlock, making his/her position impartial. • In the absence of a quorum in the House, it is the duty of the Speaker to adjourn the House or to suspend any meeting until the quorum is met. The Speaker decides the agenda that must be discussed in a meeting of the MPs. • The Speaker is invested with immense powers to interpret the Rules of Procedure, i.e. since he/she is a member of the House, as well as the Presiding Officer, he/she ensures the discipline of the House. • The Speaker ensures that MPs are punished for unruly behaviour. • A Speaker can also disqualify a member of Parliament from the House on the grounds of defection. He/she also permits various Parliamentary procedures, like the motion of adjournment, the , and the motion of censure among others. The Speaker presides over the joint sitting of the two Houses of Parliament. Once a money bill is transmitted from the lower House to the upper House, the Speaker is solely responsible for endorsing his/her certificate on the Bill. In other words, he/she is given the pivotal power to decide whether any bill is a Money Bill. This decision is considered final. • The Speaker has under his/her jurisdiction, a number of Parliamentary Committees such as the Rules Committee, the Business Advisory Committee and the General Purposes Committee. • The Speaker nominates the various Chairmen of these committees and also looks into the procedural hindrances of the workings of these Committees. • The Speaker is central to the functioning of the legislature. The proceedings of the House are guided by the Rules of Procedure and the final authority for the interpretation and implementation of these rules rests with the Speaker. The Speaker is responsible for regulating the discussion in the House and maintaining order in the House. For instance, it is the Speaker’s discretion on whether to allow a member to raise a matter of public importance in the House. The Speaker can suspend a sitting member for obstructing the business of the House, or adjourn the House in case of major disorder. • The Speaker is also the chair of the Business Advisory Committee, which is responsible for deciding the business of the House and allocating time for the same. The Speaker also chairs the General Purposes Committee and the Rules Committee of the Lok Sabha and appoints the chairpersons of other committees amongst the members. In the past, Speakers have also been instrumental in strengthening the Committee system. Mr. Shivraj Patil, the Speaker of the 10th Lok Sabha, played a key role in the initiation of 17

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Departmental Standing Committees, therefore strengthening Parliament’s control over the functioning of different ministries of the government. • Since the Speaker represents the entire House, the office of the Speaker is vested with impartiality and independence. The Constitution and the Rules of Procedure have prescribed guidelines for the Speaker’s office to ensure such impartiality and independence. Dr. N. Sanjiva Reddy, the Speaker of the fourth Lok Sabha, formally resigned from his political party as he was of the opinion that the Speaker belongs to the whole House and should therefore remain impartial. As per Article 100 of the Constitution, the Speaker does not exercise vote on any matter being voted upon, in the first instance. However, in case there’s a tie during the voting, the Speaker exercises her vote. Rajya Sabha - Indian Polity Notes Indian Parliament consists of Lok Sabha, Rajya Sabha and the President of India. Rajya Sabha is the upper house of the parliament and is termed as House of Elders in Indian Parliament. Rajya Sabha – Rajya Sabha Members Indian Parliament is bicameral in nature i.e. that it has two houses. Rajya Sabha is one of those two houses. The other house is the Lok Sabha. Rajya Sabha is the second chamber of the parliament and represents the states and union territories of the nation. It is empowered to protect the interests of the states and union territories if there is an interference by the centre in their work. Composition of R-ajya Sabha: Composition of Rajya Sabha

Maximum Strength – 250 230 represent States & Union Territories

12 are nominated by the president

Current Strength – 245 229 members represent the states

4 members represent the union territories

12 members are nominated by the president

Note: Fourth Schedule of Indian Constitution deals with allocation of seats in Rajya Sabha

Rajya Sabha Elections There are three types of representation in Rajya Sabha: Representation of States in Rajya Sabha: • Members are elected by the elected members of state legislative assemblies • Election Principle used – Proportional Representation by means of Single Transferable Vote • The population of the state is a factor that decides the representation of states in Rajya Sabha Note: Representation of States in Rajya Sabha is not equal. It depends on its population. State with a larger population will have more number of seats in Rajya Sabha than those with a lesser population. Representation of Union Territories in Rajya Sabha: • Members of Rajya Sabha belonging to Union Territories are indirectly elected by members of an electoral college, that is constituted for this purpose • Election Principle used – Proportional Representation by means of Single Transferable Vote Note: Out of 7 union territories, only Delhi and Puducherry have representation in Rajya Sabha. Representation of Nominated Members in Rajya Sabha: 12 people are nominated by the President in Rajya SAbha for their contribution and expertise in the fields of: • Art

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• Literature • Science • Social Service Facts related to Rajya Sabha elections in UPSC: Two changes were made to Rajya Sabha election in 2003: 1. To be elected as a Rajya Sabha member from a particular state, the requirement to be an elector from that state was removed. 2. System of the open ballot was introduced in place of secret ballot system. Can Rajya Sabha get dissolved? Rajya Sabha is a permanent body and also called a ‘continuing chamber.’ Unlike Lok Sabha which usually runs for 5 years and the fresh elections are taken up, Rajya Sabha has no specific tenure and it keeps on running. Therefore, it is never dissolved. Note: • Every second year, one-third of its members retire. For the vacant seats, fresh elections take place. However, nominations are taken up in the beginning of the third year. • Representation of the People Act, 1951 authorizes the President to make provisions to govern the order of retirement of the members of the Rajya Sabha. Who is Rajya Sabha Chairman & Deputy Chairman? Indian Vice-President is an ex-officio chairman of Rajya Sabha while the deputy chairman of Rajya Sabha is one who is elected from amongst Rajya Sabha members. The details on Rajya Sabha Chairman and Deputy Chairman are given in the table below: Details Rajya Sabha Chairman Rajya Sabha Deputy Chairman

Role He presides the upper house He presides the upper house whenever given-below conditions arise: • Seat of chairman falls vacant • When Chairman/Vice-President has to act as President • When Chairman is absent from the sitting Note: In all three cases, Deputy Chairman of Rajya Sabha has all the powers of Chairman of Rajya Sabha

Removal He can be removed as the chairman He can be removed by a resolution passed of Rajya Sabha only when he is by a majority of all the members of the removed from the seat of Vice- Rajya Sabha President of India Note: The resolution to remove him can Note: While the resolution is be moved only after giving 14 days’ moved, he can’t preside the house advance notice as chairman, though he can be a part of house, speak in the house

Is he a No Yes member of the house?

Can he vote He cannot vote in the first instance When he presides as the chairman, he too in the Note: He can vote in the case of an cannot vote in the first instance but can equality of votes exercise casting vote in case of a tie

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house? Note: When Chairman is present in the house, Deputy Chairman is an ordinary member in the house and can speak, participate in proceedings and even vote in the questions of house

Salary Fixed by Parliament Fixed by Parliament Note: His salary is charged on Note: His salary is charged on Consolidated Fund of India. Consolidated Fund of India Note: When Chairman of the house has to act as President of India, he is not entitled to a salary of Chairman of Rajya Sabha but of President of India Questions related to Rajya Sabha for UPSC Check below the important questions that are related to the topic ‘Rajya Sabha’ in the table below: What is the principle of the election Proportional Representation with the means of Single in Rajya Sabha? Transferable Vote

How many Department Related There are 8 Standing Committees in Rajya Sabha Standing Committees (DRSC) are there in Rajya Sabha?

What is the role of Rajya Sabha in Rajya Sabha cannot introduce, reject or amend the Money the passage of Money Bill? Bill but has to return the bill with or without amendments

Who is the leader of Rajya Sabha? Like Lok Sabha, Rajya Sabha also has a leader who is a minister and a member of the house and is nominated by the prime minister to function as such

What is the qualification of Rajya • Must be an Indian Citizen Sabha members? • Must be not less than 30 years of age • Must be registered as an elector for a parliamentary constituency Comparison Between the Powers and Position of the Lok Sabha and the Rajya Sabha 1. The Council of States or Rajya Sabha is a permanent House and it is not subject to dissolution. After every two years, one-third of its members retire and its same numbers of seats are filled up by new members. The Lok Sabha is not a permanent House. It is dissolved after the expiry of its term of five years. But it can be dissolved before the period of five years by the President on the advice of the Council of Ministers. New Lok Sabha is elected and constituted within a period of 6 months from the date of its dissolution. 2. The total membership of the Rajya Sabha is 250. It is a representative House of States but the States are not represented equally in the Rajya Sabha. Seats in the Rajya Sabha are allocated to different States on the basis of population. Out of the total members of the House, twelve members are nominated by the President from amongst the persons having special knowledge or practical experience in the fields of literature, science, art and social service. The maximum strength of the Lok Sabha can be 552 members. Out of this, 530 members are elected from the States and 20 members are elected from the Union www.pragnyaias.com 7288081111

Territories. The remaining two members are nominated by the President from among the Anglo-Indian community. 3. The members of the Rajya Sabha are elected by the Legislative Assemblies of the respective States on the basis of proportional representation. The members of the Lok Sabha are elected by the people directly on the basis of secret vote and universal franchise. For the purpose of election, the population is divided into various constituencies. 4. The Chairman of the Rajya Sabha is not a member of this House. The Vice-President of India is the ex- officio Chairman of the Rajya Sabha. But the Deputy-Chairman of the Rajya Sabha is elected by the members of the Rajya Sabha from amongst its members. The Speaker and the Deputy Speaker of the Lok Sabha are the members of the House and are elected by the members of the Lok Sabha themselves. 5. The Money Bills cannot be introduced in the Rajya Sabha. The Money Bills can be introduced only in the Lok Sabha. 6. With respect to Money Bills, the Rajya Sabha can make only recommendations which mayor may not be accepted by the Lok Sabha. The Rajya Sabha is given 14 days time to consider the Money Bills and if it fails to do anything within that period, the Bill is deemed to have been passed in the manner it was passed by the Lok Sabha. The Lok Sabha is not bound to accept the recommendations of the Rajya Sabha with respect to Money Bills. The Lok Sabha has the real and final authority in respect of Money Bills. 7. The Council of Ministers is not responsible to the Rajya Sabha. Therefore, no-confidence motion cannot be introduced in the Rajya Sabha. The Council of Ministers is in fact, responsible to the Lok Sabha. It can remove a government from office by passing a resolution of no-confidence. 8. But the Rajya Sabha exercises certain powers which are not available to the Lok Sabha. It can declare a subject included in the State List as a subject of national importance by passing a resolution supported by not less than two-third members present and voting. If a subject of State List is declared of national importance, Parliament gets power to legislate upon such a subject. The Lok Sabha does not have any such power to declare a subject of the State List of national importance. 9. The Rajya Sabha has the power to create new All India Services by passing a resolution supported by not less than two-third members present and voting. The Lok Sabha does not enjoy any such power to create new All India Services. 10. If and when the Lok Sabha is dissolved and the declaration of Emergency is in force, the Rajya Sabha approves such declaration of Emergency. The Lok Sabha does’ not get this opportunity as the Rajya Sabha is not subject to dissolution. 11. The proposal to remove the Vice-President is initiated only in the Rajya Sabha not in the Lok Sabha. Lok Sabha either approves or rejects such proposal to remove the Vice-President but it cannot initiate such proposal. UTILITY OF RAJYA SABHA We have already discussed above that the Rajya Sabha is a permanent House. It has some special functions to perform as provided in Arts. 249 and 312. In the matter of Money Bills the Rajya Sabha has very limited powers. A vote of no confidence can neither be introduced nor passed by the Rajya Sabha. In case of a joint sitting to resolve a dead-lock in case of Ordinary Bills the position of Rajya Sabha is slightly weak owing of its lack of numbers as compared to the Lok Sabha. Even though the Rajya Sabha has less powers as compared to the Lok Sabha there are certain reasons to support its continued existence which may be summed up as under— 1. In a federal Constitution, a second chamber is considered necessary. 2. Senior politicians, as well as persons who have specialized in any particular field, may get through to the Rajya Sabha by indirect election. It is not for everyone to obtain support of the masses in a direct election for the Lok Sabha. 3. Sometimes the popular house which is directly elected is tempted to take populist measures in order to please the electorate. In such cases, the Rajya Sabha may play the role of applying the brakes and delaying the matter. SPECIAL POWERS OF RAJYA SABHA

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Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha: 1. It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249). 2. It can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312). An analysis of the above points makes it clear that the position of the Rajya Sabha in our constitutional system is not as weak as that of the House of Lords in the British constitutional system nor as strong as that of the Senate in the American constitutional system. Except in financial matters and control over the council of ministers, the powers and status of the Rajya Sabha in all other spheres are broadly equal and coordinate with that of the Lok Sabha. Even though the Rajya Sabha has been given less powers as compared with the Lok Sabha, its utility is supported on the following grounds: 1. It checks hasty, defective, careless and ill-considered legislation made by the Lok Sabha by making provision of revision and thought. 2. It facilitates giving representation to eminent professionals and experts who cannot face the direct election. The President nominates 12 such persons to the Rajya Sabha. 3. It maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre. Differences between Lok Sabha and Rajya Sabha - Indian Polity Notes Parliament of India comprises President, Lok Sabha (Lower House) and Rajya Sabha (Upper House.) Lok Sabha is called House of People while Rajya Sabha is called the Council of States. The names, ‘Lok Sabha’ &’ ‘Rajya Sabha’ were adopted in 1954 by the Indian Parliament. Article 79-122 in the Indian Constitution deals with the Indian Parliament. The two houses of parliament are different from each other in many aspects and hence this topic ‘ Difference between Lok Sabha & Rajya Sabha’ becomes important. What is the main difference between Lok Sabha and Rajya Sabha? The major differences between both the houses of the Parliament are given in brief in the table below: Comparison between Lok Sabha and Rajya Sabha

Difference Lok Sabha Rajya Sabha

What it is House of People Council of States called?

What is the House of People, where people Council of States, where the representatives meaning of the who are qualified to vote can are indirectly elected by the elected name? elect their representative by representative of the Assemblies of States way of direct elections and Union Territories

What is the It continues for 5 years It is a permanent body. tenure of the Note: It can be dissolved house? earlier by passing no- confidence motion

Who heads the Speaker as the Chairman of house? the house

What is the 25 years 30 years minimum age

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to become a member?

What is the 552 members 250 members strength of the house?

What are the All bills originate in Lok Rajya Sabha has special powers to functions of Sabha mostly and after passing announce that it is required and expedient in the house? through Rajya Sabha, they are the national interest that Parliament may returned for Lok Sabha make laws with respect to a matter in the approval. It plays a major role State List or to create by law one or more in legislation. all-India services common to the Union and the States.

Questions related to the differences between Lok Sabha and Rajya Sabha for UPSC The set of questions are given below: Who is more powerful between Lok Sabha and Rajya Sabha? Lok Sabha and Rajya Sabha along with President together make up the Parliament. Both the houses have been conferred with powers. However, there is a slight difference between the powers of both. Lok Sabha is more powerful than Rajya Sabha on specific matters which are given below: • Lok Sabha can express a lack of confidence in the government by following ways which Rajya Sabha cannot: o By not passing a motion of thanks on the President’s inaugural address o By rejecting a money bill (To read on how a bill is passed in Indian Parliament, check the linked article.) o By passing a censure motion or an adjournment motion o By defeating the government on a vital issue o By passing a cut motion o Note: Rajya Sabha, however, can criticize the acts and policies of the government. • Money Bill under Article 110 can only be introduced in Lok Sabha. (Aspirants can read more about Money Bill in the linked article.) • Financial Bill under Article 110 (1) can also be introduced only in the Lok Sabha o Note: The powers with the passage of the bill, however, are same • Speaker of Lok Sabha decides which bill is Money Bill and the same power is not given to the chairman of Rajya Sabha • In case of a joint sitting of both houses, Lok Sabha with greater number always wins • With respect to the union budget, Rajya Sabha can only discuss the budget and cannot vote on the demands for grants How many members are there in Lok Sabha and Rajya Sabha The composition of both the houses is given below: Composition of Lok Sabha Composition of Rajya Sabha

Maximum 530 represent the States Maximum 238 elected indirectly and Strength – Strength – are representatives of 552 250 States and Union Territories

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20 are the representatives of 12 are nominated by Union Territories President

2 are nominated by the Current 228 represent States President from Anglo-Indian strength – Community 245

Current 530 represent States 4 represent Union Strength – Territories 545 13 represent Union Territories 12 are nominated by President

2 are nominated from the – President from Anglo-Indian Community

How are members elected in Lok Sabha and Rajya Sabha? The principle of election for both the houses is different. There are three kings of representation in both the houses: • Representation of States • Representation of Union Territories • Nominated Members Difference between Lok Sabha and Rajya Sabha w.r.t Representation of States

Lok Sabha Rajya Sabha

• Members are directly elected by the people from • Members are elected by the elected members the territorial constituencies in the states of state legislative assemblies • Election Principle used – Universal Adult • Election Principle used – Proportional Franchise Representation by means of Single • Eligibility to Vote : Any Indian Citizen of/above Transferable Vote 18 years of age • Allotment of Seats – On the basis of Note: Voting age was reduced from 21 to 18 population years by the 61st Constitutional Amendment Act, Note: Number of representatives varies from 1988 state to state

Difference between Lok Sabha and Rajya Sabha w.r.t Representation of Union Territories

Lok Sabha Rajya Sabha

• Parliament is empowered to choose the members from the • Members are indirectly elected by UTs in any manner as it desires members of an electroral college

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• Election Principle used – Direct Election specially constituted for the purpose Note: Union Territories (Direct Election to the House of • Election Principle used – the People) Act, 1965, has been enacted by which the Proportional Representation by members of Lok Sabha from the union territories are means of Single Transferable Vote chosen by direct election. Note: Out of seven UTs, only Delhi and Puducherry have representation in Rajya Sabha

Difference between Lok Sabha and Rajya Sabha w.r.t Representation of Nominated Members

Lok Sabha Rajya Sabha

President nominates 2 members from Anglo- President nominates 12 members from people Indian Community if they are not adequately who special knowledge and practical represented experience in : Note: The provision to nominate Anglo-Indians • Art was extended till 2020 by 95th Amendment Act, • Literature 2009 • Science • Social Service

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