PARLIAMENTARY SYSTEM OF INDIA- LOK

SABHA AND RAJYA SABHA

INTRO
The Parliament of a nation is a living embodiment of the faith of the people in a democratic polity and an
affirmation of commitment to participation in the governance process. The Houses of Parliament are thus
hallowed institutions that represent the sovereign will of the people and are mandated by the Constitution
to guide the destiny of the nation. It is therefore critical that all efforts are made to provide Members with a
congenial and enabling environment for their effective participation in the business of the Houses of
Parliament and in the discharge of their roles as representatives of the people.

India has a parliamentary system of government. The Union Parliament is the supreme legislative body in
the country. The Indian Parliament is a bicameral legislature consisting of two houses – the Lok
Sabha and the Rajya Sabha. The members of the Lok Sabha (House of the People) are directly elected
by the people through the voting process. The members of the Rajya Sabha (Council of States) are
elected by the members of the states’ legislative assemblies. The Parliament consists of the two Houses
and the President of India. The President has the power to summon and prorogue either House of
Parliament or to dissolve Lok Sabha. The Constitution of India came into force on January 26, 1950. The
first general elections under the new Constitution were held during the year 1951-52 and the first elected
Parliament came into existence in April, 1952.

LOK SABHA- (lower house/house of people)

Lok Sabha is composed of representatives of the people chosen by direct election on the basis of the
adult suffrage. The maximum strength of the House envisaged by the Constitution is 552, which is made
up by election of upto 530 members to represent the States, upto 20 members to represent the Union
Territories and not more than two members of the Anglo-Indian Community to be nominated by the
Hon'ble President, if, in her/his opinion, that community is not adequately represented in the House. Lok
Sabha is the lower house of the parliament and is termed as the popular chamber of the Indian
Parliament. 
The members of Parliament (MPs) are elected/appointed from states, union territories or are appointed
from a field of particular expertise. The term of the Lok Sabha, unless dissolved earlier, is five years from
the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this
period may 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.
Fourteen Lok Sabhas have been constituted so far. The Constitution of India has adopted universal adult
franchise as a basis of the general elections to the Lok Sabha and the state legislative assemblies.

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

REPRESENTATION

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.
WHO CAN BECOME A MEMBER OF LOK SABHA?
Any Indian citizen can become a member of Lok Sabha provided he/she fulfils the following qualifications:
1. He/she should be not less than 25 years of age.
2. He/she should declare through an oath or affirmation that he has true faith and allegiance in the
Constitution and that he will uphold the sovereignty and integrity of India.
3. He/she must possess such other qualifications as may be laid down by the Parliament by law. He must
be registered as a voter in any constituency in India.
4. Person contesting from the reserved seat should belong to the Scheduled Caste or Scheduled Tribe as
the case may be.
WHO IS LOK SABHA SPEAKER?
The presiding officer of Lok Sabha is known as Speaker. The members of the House elect him. He/she
remains the Speaker even after Lok Sabha is dissolved till the next House elects a new Speaker in his
place. In the absence, a Deputy Speaker who is also elected by the House presides over the meetings.
Both the Speaker as well as the Deputy Speaker can be removed from office by a resolution of Lok Sabha
passed by a majority of all the then members of the House. Some of the powers and functions of the
speaker are given below:
1. The basic function of the Speaker is to preside over the house and conduct the meetings of the House
in orderly manner. No member can speak in the House without she permission. He/she may ask a
member to finish his speech and in case the member does not obey he/she may order that the speech
should not be recorded.
2. All the Bills, reports, motions and resolutions are introduced with Speaker’s permission. He/she puts the
motion or bill to vote. He/she does not participate in the voting but when there is a tie i.e. equal number of
votes on both sides, he/she can use his casting Structure of Government vote. But he/she is expected to
cast her vote in a manner so that her impartiality and independence is retained.
3. His/her decisions in all parliamentary matters are final. She also rules on points of order raised by the
members and her decision is final.
4. He/she is the custodian of rights and privileges of the members.
5. He/she disqualifies a member of his/her membership in case of defection. He/she also accepts the
resignation of members and decides about the genuineness of the resignation. 6. In case of joint sitting of
Lok Sabha and Rajya Sabha, the Speaker presides over the meeting.

LEADER OF LOK SABHA

Each House of Parliament has a Leader.  The Prime Minister, who is the Leader of the majority party in
the Lok Sabha, functions as the Leader of the House in the Lok Sabha except when he is not a member of
the Lok Sabha. In the case, when the Prime Minister is not a member of the Lok Sabha, he
appoints/nominates a Minister, who is a member of the Lok Sabha, to be the leader of the House in the
Lok Sabha.
ALLOCATION OF SEATS
The total elective membership of the House 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. The Lok Sabha at present consists of 545 members.  The allocation of
seats to the States and the Union territories is as under:
 Name of State/Union Territory Total Number of Seats
I. States
1. Andhra Pradesh 42
2. Arunachal Pradesh 2
  3. Assam 14
4. Bihar 40
5. Chhattisgarh 11
6. Goa 2
7. Gujarat 26
8. Haryana 10
9. Himachal Pradesh 4
10. Jammu & Kashmir 6
11. Jharkhand 14
12. Karnataka 28
13. Kerala 20
14. Madhya Pradesh 29
15. Maharashtra 48
16. Manipur 2
17. Meghalaya 2
18. Mizoram 1
19. Nagaland 1
20. Orissa 21
21. Punjab 13
22. Rajasthan 25
23. Sikkim 1
24. Tamil Nadu 39
25. Tripura 2
26. Uttaranchal 5
27. Uttar Pradesh 80
28. West Bengal 42

            II. Union Territories  

1. Andaman and Nicobar Islands 1
2. Chandigarh 1
3. Dadra and Nagar Haveli 1
4. Daman and Diu 1
5. The National Capital Territory of Delhi 7
6. Lakshadweep 1
7. Pondicherry 1
8. Anglo-Indians (if nominated by the President) 2
 
 
            Total 545
RAJYA SABHA- (upper house/house of elders/council of states)
Rajya Sabha is the upper house of the parliament and is termed as House of Elders in Indian Parliament.
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 center in their work.
COMPOSITION OF RAJYA SABHA:
Composition of Rajya Sabha

Maximum Strength – 250 238 represent States & Union Territories

12 are nominated by the president

Current Strength – 232 (13 Vacancies)Total – 245 216 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

HOW ARE THE RAJYA SABHA MEMBERS ELECTED?

Rajya Sabha Members are elected by the elected members of state legislative assemblies using a method
of proportional representation.
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-
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
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 8 union territories, Delhi, Puducherry and Jammu and Kashmir 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, Literature, Science, Social Service

TENURE
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.
Every second year, one-third of its members retire. For the vacant seats, fresh elections take place.
However, nominations are taken up at 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. 

LEADER OF RAJYA SABHA

The senior-most Minister, who is a member of the Rajya Sabha, is appointed by the Prime Minister as the
Leader of the House in the Rajya Sabha.

ALLOCATION OF SEATS
The representatives of each State in Rajya Sabha are 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. The representatives of the Union territories are chosen in such manner as Parliament
may by law prescribe.  The minimum age for membership of the House is 30 years.
The allocation of seats in the Rajya Sabha to be filled by the representatives of the States/Union
territories is as follows:
Name of the State/Union Territory Total Number of Seats

1. Andhra Pradesh 18
2. Arunachal Pradesh  1
3. Assam  7
4. Bihar 16
5. Chhattisgarh  5
6. Goa  1
7. Gujarat 11
8. Haryana  5
9. Himachal Pradesh  3
10. Jammu & Kashmir  4
11. Jharkhand  6
12. Karnataka 12
13. Kerala  9
14. Madhya Pradesh 11
15. Maharashtra 19
16. Manipur  1
17. Meghalaya  1
18. Mizoram  1
19. Nagaland  1
20. Orissa 10
21. Punjab  7
22. Rajasthan 10
23. Sikkim  1
24. Tamil Nadu 18
25. Tripura  1
26. Uttaranchal  3
27. Uttar Pradesh 31
28. West Bengal 16
29. The National Capital Territory of   Delhi  3
30. Pondicherry 1
31. Nominated by the President under article  12 
80  (1) (a) of the Constitution
 Total 245
 COMPARISON BETWEEN LOK SABHA AND RAJYA SABHA
Difference Lok Sabha Rajya Sabha

What it is also House of People Council of States

called?

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

What is the tenure of It continues for 5 years It is a permanent body.

the house?
Note: It can be dissolved earlier by
passing no-confidence motion

Who heads the Speaker Vice President of India as the Chairman

house? of the house

What is the minimum 25 years 30 years

age to become a
member?

What is the strength 552 members 250 members

of the house?

What are the All bills originate in Lok Sabha mostly
functions of the and after passing through Rajya
house? Sabha, they are returned for Lok
Sabha approval. It plays a major role
in legislation.
Rajya Sabha has special powers to
protect the states’ rights against the
Union.

FUNCTIONS  
The main function of both the Houses is to make laws. Every Bill has to be passed by both the Houses
and assented to by the President before it becomes law.
LAW MAKING PROCESS IN INDIA

The process of lawmaking begins with the introduction of a Bill in either House of Parliament. A Bill can be
introduced either by a Minister or a member other than a Minister. In the former case, it is called a
Government Bill and in the latter case, it is known as a Private Member’s Bill.
A Bill undergoes three readings in each House before it is submitted to the President for assent.
The First Reading refers to (i) motion for leave to introduce a Bill in the House on the adoption of which
the Bill is introduced; or(ii) in the case of a Bill originated in and passed by the other House, the laying on
the Table of the House of the Bill, as passed by the other House.
The Second Reading consists of two stages. The “First Stage” constitutes discussion on the principles of
the Bill and its provisions generally on any of the following motions – that the Bill be taken into
consideration; or that the Bill be referred to a Select Committee of the House; or that the Bill be referred to
a Joint Committee of the Houses with the concurrence of the other House; or that the Bill be circulated for
the purpose of eliciting opinion thereon. The “Second Stage” constitutes the clause by clause
consideration of the Bill, as introduced in the House or as reported by a Select or Joint Committee, as the
case may be.
In the case of a Bill passed by Rajya Sabha and transmitted to Lok Sabha, it is first laid on the Table of
Lok Sabha by the Secretary-General, Lok Sabha. In this case, the Second Reading refers to the motion (i)
that the Bill, as passed by Rajya Sabha, be taken into consideration; or (ii) that the Bill be referred to a
Select Committee (if the Bill has not already been referred to a Joint Committee of the Houses).
The Third Reading refers to the discussion on the motion that the Bill or the Bill, as amended, be passed.
Rajya Sabha also follow the same lower house procedure
After a Bill has been finally passed by the Houses of Parliament, it is submitted to the President for his
assent. After a Bill has received the assent of the President, it becomes the law of the land with gazette
notification.

SUBJECTS
The subjects over which Parliament can legislate are the subjects mentioned under the Union List in the
Seventh Schedule of the Constitution of India. Broadly speaking, Union subjects are those important
subjects which for reasons of convenience, efficiency and security are administered on all-India basis. The
principal Union subjects are defense, foreign affairs, railways, insurance, communications, currency and
coinage, banking, income tax, customs, excise duties, atomic energy, census, etc.
Apart from the wide range of subjects allotted to it, even in normal times Parliament can, under certain
circumstances, assume legislative power over a subject falling within the sphere exclusively reserved for
the States.
Further, in times of grave emergency when the security of India or any part thereof is threatened by war or
external aggression or armed rebellion, and a Proclamation of Emergency is made by the President,
Parliament acquires the power to make laws for the whole or any part of the territory of India with respect
to any of the matters enumerated in the State List.  Similarly, in the event of the failure of the constitutional
machinery in a State, the powers of the Legislature of that State become exercisable by or under the
authority of Parliament. This apart, the Constitution also vests in the Parliament the constituent power or
the power to initiate amendment of the Constitution.

OTHER FUNCTIONS
Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions,
questions addressed by members to Ministers, system of committees, etc., exercise control over the
administration of the country and safeguard people's liberties.

RELATIVE ROLES
 As between the two Houses, the Lok Sabha has supremacy in financial matters. It is also the House to
which the Council of Ministers drawn from both Houses is collectively responsible. 
On the other hand, the Rajya Sabha has a special role in enabling Parliament to legislate on a State
subject if it is necessary in the national interest.  It has a similar power in regard to the creation of an All-
India Service common to the Union and the States.  In other respects, the Constitution proceeds on a
theory of equality of status of the two Houses.
Disagreement between the two Houses on amendments to a Bill may be resolved by both the Houses
meeting in a joint sitting where questions are decided by majority vote.  However, this provision of joint
sitting does not apply to Money Bills and Constitution Amendment Bills.

LEADER OF THE OPPOSITION

Each House of Parliament has a Leader of the Opposition. The Salary and Allowances of Leaders of
Opposition in Parliament Act, 1977 defines the term ‘Leader of the Opposition’ as that member of the
Rajya Sabha or the Lok Sabha who, for the time being, is the Leader of that House of the Party in
Opposition to the Government having the greatest numerical strength and recognized, as such, by the
Chairman of the Rajya Sabha or the Speaker of the Lok Sabha.

SESSIONS
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).
 Budget Session
 The budget session was usually held from 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.
Go through the details of Union Budget 2022 on the given link.
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.
 INDEX
Parliamentary system of India-
Lok Sabha & Rajya Sabha

1. INTRO
2. LOK SABHA
- Composition of Lok Sabha
- Representation
- Who can become a member of Lok Sabha?
- Who is Lok Sabha speaker
- Leader of Lok Sabha
- Allocation of Seats
3. RAJYA SABHA
- Composition of Rajya Sabha
- How are Rajya Sabha members elected
- Representation
- Tenure
- Who is the Rajya Sabha Chairman and Deputy Chairman
- Leader of Rajya Sabha
- Allocation of Seats
4. COMPARISION BETWEEN LOK SABHA AND RAJYA SABHA
5. FUNCTIONS
- Law making process in India
- Subjects
- Other Functions
6. RELATIVE ROLES
7. LEADER OF THE OPPOSITION
8. SESSIONS
- Budget session
- Monsoon session
- Winter session

Parliamentary system of India-

Lok Sabha & Rajya Sabha

-Aditi Singal
Xi- E