The Rajya Sabha (The Council of States)

Representation Strength Election Tenure Qualification Chairman

Represents 250 Indirect Permanent Vice - President the States House

A) Composition of the Council of States (Rajya Sabha) ​ Article 80 of the Constitution of India provides - 1) The Council of States shall consist 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) of clause ( 1 ) shall consist 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 by the 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.

1) Representation of States and Union Territories- The Upper House of Parliament consists of ​ ​ ​ 250 members. Not more than 238 members shall be elected by the elected members of the Legislative Assemblies of the State and Union Territories. 2) Nomination - 12 members are nominated by the President. These are the people who have ​ ​ knowledge and skill in the field of arts, science, literature and social service. Their nomination to the Rajya Sabha makes their services available to the nation. 3) Division of seats for Representation of States - In Indian federal system there is not equal ​ ​ representation in the Rajya Sabha, like American Senate. In India every State has a different number of representatives depending upon the population of the state. Eg: Uttar Pradesh sends 34 members, Maharashtra sends 19 and Goa sends 1 member in the Rajya Sabha.

B) Election ​ 1) Out of 250 members of the Rajya-Sabha, 238 are indirectly elected. For the purpose of this election Proportional Representation by means of single transferable vote system is used. In this system, the voter is supposed to indicate his choice by giving numbers to the candidates as per his order of preference. 2) The system of proportional representation is complicated. A candidate can not directly be involved in this election. The elected members of Legislative Assemblies elect the Rajya Sabha members. 3) The nominated members and the Legislative Council members do not participate in this election. Thus the Council of states reflects a federal character by representing the Units of the federation.

C) Tenure ​ 1) Rajya Sabha is a permanent body. Members are elected for a period of 6 years. After every 2 years 1/3rd of its members retire by rotation. It is a continuous house.

D) Qualifications of Members ​ 1. He must be a citizen of India. 2. He must have completed 30 years of age. 3. Additional qualifications may be prescribed by Parliament from time to time.

E) Disqualifications ​ 1. Aperson will occupy only one seat at time. 2. A person will be disqualified if he holds any office of profit under the Central Government or State Government. 3. If he is of unsound mind. 4. If he has indulged into corrupt electoral practices and proved guilty then he is disqualified from elections for a period of 6 years.

F) Chairman and Deputy Chairman ​ The Vice President is the ex-officio Chairman of the Rajya Sabha. The Rajya Sabha shall also elect a member of the house to be a Deputy Chairman (Article 89). The Chairman presides over the meeting of the House and in the absence of the Chairman, the Deputy Chairman functions as the chairman. 2) If both are absent then such person may be determined by the rule of procedure of the Council and if no such person is present such other person may be determined by the Council shall act as Chairman (Article 91). 3) A Deputy Chairman ​shall vacate his office if he cease to be a member of the Council. He may at any time, by writing under his hand addressed to the Chairman, resign his office. He may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council (Article 90). But such resolution can only be moved by giving at least fourteen days notice. 4) While a resolution for the removal of the Chairman (Vice - President) is under consideration, the Chairman and while a resolution for the removal of the Deputy Chairman,

the Deputy Chairman, shall not preside. The Chairman shall have the right to speak and take part in the proceedings but shall have no right to vote on such resolution or on any other proceedings (Article 92).

The Lok Sabha (The House of People)

Representation Strength Election Tenure Qualification Chairman

Represents 552 Direct 5 Years Speaker the People

A) Composition of Lok Sabha ​ 1) Lok Sabha is known as the Lower House of Parliament. It is known as the House of people because it represents the people of India. The members of Loksabha are directly elected by the people. Article 81 of the Constitution of India lays down the Composition of Lok Sabha. It reads as under - 1) Subject to the provisions of Article 331 the House of the People shall consist 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 ratio 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 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 80 can be simplified as under: 1) Total number of members - The entire strength of Lok Sabha is 552 members. Out of these ​ not more than 530 members are from the federating units i.e. states. 2) Representation of Union Territories - Not more than 20 members are representatives from ​ Union territories 3) Representation of the Anglo - Indian community - As per Article 331 of Constitution of ​ ​ ​ India two (02) members may be nominated by the President from Anglo - Indian community, if he feels that the community is not adequately represented. 4) Reservation of seats for Scheduled Castes and Scheduled Tribes - According to Article ​ ​ ​ 330 of Constitution of India certain seats are to be reserved for Scheduled Castes and Scheduled Tribes. 5) Distribution of seats - The seats are distributed on the basis of population Uttar Pradesh ​ ​ sends maximum members 80 to the Loksabha whereas Mizoram, Nagaland and Sikkim send one member each to Loksabha. Maharashtra sends 48 members to the Lok Sabha.

B) Tenure of Lok Sabha ​ The Lok Sabha shall continue for Five years from the commencement of its first session. It can be dissolved earlier by the President. In case of emergency, the Parliament can extend the life of

Lok Sabha by one year. The Lok Sabha, whose life has been extended, cannot continue beyond six months after the proclamation of emergency has ceased to operate.

C) Qualifications for Membership of Parliament ​ As per Article 84 of the Constitution of India - A person shall not be qualified to be chosen to fill a seat in Parliament unless he: 1. He must be a citizen of India. 2. He must have completed 25 years of age. 3. He must possess other additional qualifications as decided by the Parliament from time to time. 4. Taken oath before some person authorised in that behalf by the Election Commission according to the form set out for the purpose in Third Schedule. Parliament has made the Representation of the People Act, 1951 for this purpose. To become a member of the House of the People, a person is required as per the Representation of the People Act, 1951 to be an elector for some parliamentary Constituency in India and to become a Member of the Council of States, a person is required to be an elector for a Parliamentary Constituency in the concerned State or the Union Territory.

D) Mode of Representation ​ 1) Completed age of 18 years - All citizens of India who have completed 18 years of age can vote for the Lok Sabha. It is a direct election. 2) Representation is on geographical basis - For the purpose of elections the entire territory is divided into smaller geographical units. Each one of these units is called a constituency. Each constituency represents more or less the same number of people. 3) In case of the Lok Sabha only one representative is to be elected from each constituency. Hence it is called a single member constituency. The candidate who secures the maximum number of votes is declared elected. e.g. - Candidate Votes polled Result A 10,000 Elected

B 9,000 C 8,000

Candidate 'A' is declared elected as he has polled the maximum number of votes. However, it must be noted that he is not supported by the majority. Candidates 'B' and 'C' have polled 1700 votes together. These votes are more than the votes polled by 'A', But these votes being fragmented 'A' gets elected.

E) Disqualification for Membership of Parliament ​ Article 102 of the Constitution of India provides that - 1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament a) If he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. b) If he is of unsound mind and stands so declared by a competent court. c) If he is an undischarged insolvent. d) If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State. e) If he is so disqualified by or under any law made by Parliament Explanation For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. 2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

F) Disqualification for holding Office of Profit ​ 1) The principle debarring holding of office of profit under the Government from being a member of Parliament is that such a person cannot exercise his function independently of the executive of which he is a part.

2) The principle can be traced to developments in English Constitution history, in course of which it came to be established that the crown and its officers shall have no say in Parliament. 3) The expression ‘office of profit’ is not defined in the Constitution or in the Representation of People Act, 1951. The courts have, however, laid down certain tests to determine as to which office is an office of profit.

S. S. Inamdar v/s A. S. Andanappa [(1971) 3 SCC 870] The Court held that the office of profit means an office to which some benefit is derived or might reasonably be expressed to be made by the holder of the office. The actual making of profit is not necessary. Profit means pecuniary gain any material gain.

Ravanna Subomna v/s G. S. Kagg Resappa (AIR 1954 SC 653) The expression ‘office of profit’ is taken to mean an office capable of yielding pecuniary gain. It has been held that the amount of such profit is immaterial. But the amount of monetary benefit may be a material deciding factor whether the office carries any profit.

Jaya Bachan v/s Union of India (AIR 2006 SC 2119) Jaya Bachan’s membership of Rajya Sabha was challenged as she was appointed as Chairman of the Film Development council which carried with the monthly honorarium of Rs.5,000/- entitlement expenditure of Rs.10,000/- staff car driver, telephones at office and residence, free accomodation and medical treatment facilities for self and family members, apart from other allowances. The membership of Jaya Bachan was disqualified after obtaining the opinion of the Election Commissioner as required by Article 103 (2). Jaya Bachan challenged the order of disqualification, by claiming that the benefits and facilities given by the State Government were not received by her. The Supreme Court held that an office of profit is an office which is capable of yielding a profit or pecuniary gain and when the pecuniary gain as ‘receivable’ in connection with the office then it becomes an office of profit irrespective of whether such pecuniary gain is actually received or

not. The Supreme Court held that the petitioner’s disqualification for the membership of Rajya Sabha is valid.

SPEAKER AND DEPUTY SPEAKER OF LOK SABHA I) Introduction ​ 1) Article 93 lays down that the House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be. 2) The speaker is the presiding officer of the Lok Sabha. His position is of dignity and honour. His status is equivalent to the Chief Justice of India. In the absence of the speaker, the Deputy Speaker presides over the house. The House of the people will as soon as may be after its first sitting choose two members of the House as Speaker and Deputy Speaker.

II) Election of the Speaker and Deputy Speaker ​ The speaker and the Deputy Speaker are elected by majority by members of Lok-Sabha. Generally, the majority party decides the speaker and the opposition gets the post of Deputy Speaker.

III) Tenure of the Speaker and the Deputy Speaker ​ The Speaker and Deputy Speaker hold the office during the life of Lok Sabha. They remain in office till the newly elected members choose the speaker and the Deputy Speaker. His office may be terminated earlier if: 1. He ceases to be a member of Lok Sabha. 2. He resigns. 3. He is removed.

The members of Lok Sabha can remove the Speaker. Such a resolution should be tabled with 14 days notice. When the resolution comes for discussions, he can participate and vote. In case of a tie on this resolution he cannot vote.

IV) Vacation, Resignation and Removal of Speaker and deputy Speaker ​ Under Article 94 of Constitution of India - A member holding office as Speaker or Deputy Speaker of the House of the People: a) Shall vacate his office if he ceases to be a member of the House of the People. b) May at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and c) May be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution. Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

V) Powers and Functions of the Speaker ​ The powers, position and functions of the speaker are similar to those of the speaker of the House of Commons in England. 1. The speaker presides over the meetings of the House and regulates the proceeding of the House. 2. He maintains order, decency and decorum in the House during debates.

3. He interprets the rules of the Parliament and decides all points of order and question for procedure. 4. He can ask a member to withdraw from the House for any violation of the rules of the House. 5. In the absence of quorum, he can adjourn the House. Quorum is the minimum number of members required for the functioning th of the House. Generally it is 1/10 of the total membership. In the absence of quorum House has to be adjourned. 6. He decides to admit questions, motions, Bills etc. he is the sole authority to decide the urgency of any matter. 7. He can adjourn or suspend the session of the House in case of grave disorder. 8. He can suspend a member (s) for the whole session if a member disregards the authority and ruling of the Chair. 9. The Speaker of the House of the people presides at the joint sitting of both the Houses of Parliament. 10. He certifies whether a bill is a Money bill or not. His ruling on the above point is final and cannot be challenged in the court of law. 11. He cannot vote in the first instance but he can exercise a casting vote in case of equality of vote [Article 100 (1)] 12. If any question arises as to whether a member of a House has become subject to any of the disqualification under the 10th Schedule, the question shall be referred to the Speaker of the House of the People.

Kihota Hollohon v/s Zachilhu [(1992) 1 SCC 309] The Supreme Court has struck down para 7 of the anti - defection law (10th Schedule) which provided that the Speaker’s decision regarding the disqualification shall be final and no court should examine its validity.

VI) Power of Deputy Speaker ​ Article 95 of the Constitution provides that -

1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose. 2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.