THE UNION LEGISLATURE

(The Parliament)
(Articles 79-122)

The highest law making authority or the Supreme Legislature in India is the Parliament. Articles
79 to 122 of the Indian Constitution lay down the provisions relating to the Union Parliament.
According to Article 79, “there shall be a Parliament for the Union, which shall consist of the
President and two Houses to be known respectively as the Council of States (Rajya Sabha) and
the House of the People (Lok Sabha). The President is not a member of either house of the
Parliament. He is an integral part of the Parliament and performs certain functions relating to its
proceedings.

Constitution of Parliament (Article 79): there shall be a Parliament for the Union
which shall consist of the President and two Houses to be known respectively as the Council of
States and the House of the People.

Composition of Council of States/Upper House/Rajya Sabha (Article 80): Article 80

of the Constitution of India provides that-

1. The Council of State 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 of 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.

The Council of States (Rajya Sabha, the Upper House) shall be composed of not more
than 250 members, of whom-
a) Nomination: The 12 nominated members shall be chosen by the President form
distinguished persons having ‘special knowledge or practical experience in literature,
 science, art and social service.’ The nominated members do not participate in the
election of the President of India.

b) Representation of States and Union Territories: Not more than 238 members shall
be elected by the elected members of the Legislative Assembly of the State according
to the system of proportional representation by means of the single transferable vote
and the representative of the Union Territories shall be chosen in such manner as
Parliament may prescribe. Under this power Parliament has prescribed in Sections 27
A, 27 H of Representation of the People Act, 1950 that the representatives of Union
Territories to the Council of States shall be indirectly elected by the members of an
electoral college for that Territory, in accordance with the system of proportional
representation by means of the single transferable vote.
Though the maximum membership of Raja Sabha is fixed at 250, at present, there are
245 (nominated 12 + representatives from States and Union Territories 233) members
in the Council of States (Rajya Sabha)
The Council of States is permanent body and not subject to dissolution, but as
nearly as possible one third 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. Consequently, the term of a member of the Council of States is
six years.

Composition of the House of the People/Lower House of the Parliament/Lok

Sabha (Article 81): Article 81 of the Constitution of India Provides that-
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
form 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 ration 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 million.
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 2026 have been published, be construed-

i) For the purposes of sub-clause (a) of clause (2) and the proviso to that
clause, as a reference to the 1971 census, and
ii) For the purposes of sub-clause (b) of clause (2) as a reference to the 2001
census.

Readjustment after each census: Article 82 of the Constitution of India provides

that “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 adjustment 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 basics of the territorial constituencies existing before such
readjustment:

Provided also that until the relevant figures for the first census taken after the year
2026 have been published, it shall not be necessary to readjust-
i) The allocation of seats in the House of the People to the States as readjusted on
the basis of the 1971 census, and
ii) The division of each State into territorial constituencies as may be readjusted on
the basis of the 2001 census, under this Article.

Representation of the Anglo-Indian Community in the House of the People:

As per Article 331 of the Constitution of India ‘Notwithstanding anything in Article 81,
the President may, if he is of opinion that the Anglo-Indian Community is not adequately
represented in the House of the people, nominate not more than two members of that
community to the House of the people.”
Reservation of seats for Scheduled Castes and Scheduled Tribes in the House
of the People: Article 330 of the Constitution of India provides that-
1. Seats shall be reserved in the House of the People for:
a) The Scheduled Castes;
b) The Scheduled tribes except the Scheduled Tribes in the autonomous Districts of
Assam, and
c) The Scheduled Tribes in the autonomous Districts of Assam.
2. The number of seats reserved in any State or Union Territory for the Scheduled
Castes or the Scheduled Tribes under clause (1), shall bear, as nearly as may be, the
same proportion to the total number of seats allotted to that State or Union Territory
in the House of the People as the population of the Scheduled Castes in the State or
Union Territory or part of the State or Union Territory, as the case may be, in respect
of which seats are so reserved, bears to the total population of the State or Union
Territory.
3. Notwithstanding anything contained in clause (2), the number of seats reserved in the
House of the people for the scheduled Tribes in the autonomous Districts of Assam
shall bear to the total number of seats allotted to that State a proportion not less than
the population of the Scheduled Tribes in the said autonomous Districts bears to the
total population of the State.
Explanation: In this Article and in Article 332, 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 Explanation 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 2026 have been published, be construed as a reference to the
2001 census.

Election to the House of People (Lok Sabha): According to Article 326 of the
Constitution, election to the Lok Sabha will be conducted on the basis of adult suffrage
i.e. every citizen, who has attained the age of 18 years (subject to disqualifications viz.
Non-residence, unsoundness of mind, corrupt or illegal practices) is entitled to exercise
his franchise as a registered voter.

Attorney General in the House of the People: As per Article 88 of the Constitution
of India, Attorney General of India shall have the right to speak in and otherwise to take
part in the proceedings of the House of people, but shall not by virtue of Article 88 of the
Constitution be entitled to vote.

Qualification 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-
a) Is a citizen of India, and makes and subscribes before some person authorised in that
behalf by the Election Commission on oath or affirmation according to the form set
out for the purpose in the Third Schedule.
(Form of oath or affirmation to be made by a Member of Parliament in Form III-B is
as given below:
 “1, A.B. having been elected (or nominated) a member of the Council of States (or
the House of the people) do swear in the name of God/solemnly affirm that I will bear
true faith and allegiance to the Constitution of India as by law established that I will
uphold the sovereignty and integrity of India and that I will faithfully discharge the
duty upon which I am about to enter”)
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 qualification as may be prescribed in that behalf by or under any
law made by parliament.”
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.
It is to be noted that no educational qualification has been prescribed for Membership
of either the House of the people or the Council of States.

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 un-discharges 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 purpose 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.

Disqualification for holding office of profit: 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 functions independently of the executive of which
he is a part.
The principle can be traced to developments in English constitution history, in the course
of which it came to be established that the crown and its officers shall have no say in
parliament.
The expression ‘office of profit’ has not been defined in the Constitution or in the
Representation of the People Act, 1951. The courts have, however, laid down certain
tests to determine as to which office is an office of profit.
In S S Inamdar v A.S.Andanappa (1971) 3 SCC 870)- it has been held that the
office of profit means an office to which some benefit is derived or might reasonably
expressed to be made by the holder of the office. The actual making of profit is not
necessary. Profit means pecuniary gain or any material gain.
In Ravanna Subomna v. G S Kagg Resappa (AIR 1975 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 which carries any profit.
In Shibu Soren case (AIR 1987 Sc 1293) – he was receiving honorarium of
Rs.1750/- per month and daily allowance and car with driver at the expense of the State
as the Chairman of the interim Jharkhand Area Autonomous Council. It was held that
the amount caused pecuniary gain to the appellant and he was holding an office of profit
under the Government. The appellant was therefore disqualified of being a member of
Rajya Sabha.
In Jaya Bachan v. 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 with driver, telephones at office and
residence, free accommodation and medical treatment facilities to 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).
When Jaya Bachan challenged the order of disqualification, by claiming that the benefits
and facilities given by the State Government was not received by her, the Supreme Court
has 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
when it becomes an office of profit irrespective of whether such pecuniary gain is
actually received or not. The Supreme Court has held that the petitioner’s
disqualification for the membership of the Rajya Sabha is valid.

Officials of the Parliament

Officials of the Council of States: Chairman and Deputy Chairman of

Council of States (Rajya Sabha):
 Chairman: As per Article 89(1) of the Constitution “The Vice President of India
shall be ex-officio Chairman of the Council of States.”
However, as per Article 92 of the Constitution, at any sitting of the Council of
States, while any resolution for the removal of the Vice President from this office is
under consideration, the Chairman shall not, though he is present, preside and the
provisions of clause (2) of Article 91 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the Chairman is absent. The Chairman shall
have the right to speak in, and otherwise to take part in the proceedings of, the Council of
States while any resolution for the removal of the Vice President from his office is under
consideration in the Council, but notwithstanding anything in Articles 100, shall not be
entitled to vote at all on such resolution or on any other matter during such proceedings.

Deputy Chairman of the Council of States:

Election of Deputy Chairman: According to Article 89(2) of the Constitution,

“The Council of States shall, as soon as may be, choose a member of the Council to
Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes
vacant; the Council shall choose another member to be Deputy Chairman thereof.”

Power of the Deputy Chairman or other person to perform the duties of the
office of, or to act as, Chairman:
According to Article 91 of the Constitution of India:-
1. While the office of Chairman is vacant or during any period when the Vice President
is acting as, or discharging the function of, President, the duties of the office shall be
performed by the Deputy Chairman, or, if the office of Deputy Chairman is also
vacant by such member of the Council of States as the President may appoint for the
purpose.
2. During the absence of the Chairman from any sitting of the Council of States the
Deputy Chairman, or, if he is also absent, such person as may be determined by the
rules of procedure of the Council, or, if no such person is present, such other person
as may be determined by the Council, shall act as Chairman.

Salaries and allowances of the Chairman and Deputy Chairman of the Council
of States: As per Article 97 of the Constitution of India, there shall be paid to the
Chairman and the Deputy Chairman of the Council of States such salaries and allowances
as may be respectively fixed by Parliament by law and until provision in that behalf is so
made, such salaries and allowances as are specified in the Second Schedule.
Officers of the House of the people (Lok Sabha) (Speaker and Deputy Speaker of
the House of the people):
According to Article 93 of the Constitution of India, 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.
Salaries of the Speaker and Deputy Speaker: As per Article 97 of the
Constitution of India, there shall be paid to the Speaker and the Deputy Speaker of the
House of the people, such salaries and allowances as may be respectively fixed by
Parliament by law and until provision in that behalf is so made, such salaries and
allowances as are specified in the Second Schedule (In second schedule it is stated that
there shall be paid to the Speaker and the Deputy Speaker of House of the People such
salaries and allowances as were payable to the Speaker and the Deputy Speaker of the
Constituent Assembly of the Dominion of India immediately before such
Commencement).
Under the Salaries and Allowances of Officers of Parliament Act 1953, as
amended, the salary of the Speaker is Rs.40,000/- plus sumptuous allowance of
Rs.1,000/- per men sum.
Power of the Deputy Speaker or other person to perform the duties of the office
of, or to act as speaker:
Article 95 of the Constitution of India provides that-
1. While the office of Speaker is vacant, the duties of the office shall be performed by
the Deputy Speaker or, of 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.

Vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker: As per Article 94 of the 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, 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
lease fourteen day’s 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.

Powers and functions of Speaker: The office of the Speaker is one of great
responsibility. The Speaker is expected to maintain impartiality and rise above the party
interests. In England, there is a Convention that the member, after election as the Speaker
resigns from his party. However, in India, he remains a member of the party. Once
elected, he must rise above party interests. The Constitution of India contains provisions
to pay his salary by charging on the Consolidated Fund of India and is not subject to the
annual vote by Parliament for maintaining independence and impartiality of the Speaker.
He cannot be removed from his office except by a resolution passed by a special majority.
He performs the following functions:

1. Speaker presides over the meetings of the House, and regulates proceedings of the
House.
2. He maintains decorum in the House during debates.
3. He interprets the rules of the Parliament and decides all points of order and questions
of procedure.
4. He can ask a member to withdraw from the House for any violation of the rules of the
House.
5. He can suspend a member (s) for the whole session if a member disregards the
authority and rulings of the Chair.
6. He can adjourn or suspend the session of the House in case of grave disorder.
7. He certifies whether a Bill is Money or not His ruling on the above point is final and
cannot be challenged in the court of law. According to Article 110(4) there shall be
endorsed on every Money Bill when it is transmitted from the House of the People to
the council of States and when it is presented to the President for assent with the
certificate of the speaker signed by him, it is a Money Bill.
8. The speaker of the House of the people presides at the joint sitting of the both Houses
of Parliament.
9. He cannot vote in the first instance but he can exercise a casting vote in the case of an
equality of votes (Article 100(1)).
10. The speaker has to inquire into the genuineness of a letter of resignation given by a
Member of the House of the people.
11. In case there is no quorum any time during a meeting of the House the speaker either
adjourn the House or suspend the meeting until there is a quorum.
12. If any question arises as to whether a member of a House has become subject to any
of the disqualifications under the Tenth Schedule of the Constitution, the question
shall be referred to the Speaker of the House of the people (in case of the members of
Council of states to the Chairman of the Council of States) whose decision shall be
 final. As per Para 7 of the Tenth Schedule, the decision of the presiding officers shall
not be called into question in any Court of law. This paragraph has been declared
invalid for want of ratification in accordance with the proviso to clause (2) of Article
368 as per majority opinion in Kihoto Hollohon v Zachillhu (1992) 1 SCC 309)

Secretariat of Parliament: As per Article 98 of the constitution of India-

1. Each House of Parliament shall have a separate secretarial staff:
Provided that nothing in this clause shall be construed as preventing the creation of
posts common to both the Houses of Parliament.
2. Parliament may by law regulate the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of either House of Parliament.
3. Until-provision is made by Parliament under clause (2) the President may after
consultation with the Speaker of the House of the people or the Chairman of the
Council of States, as the case may be, make rules regulating the recruitment, and the
conditions of service of persons appointed, to the secretarial staff of the House of the
people or the Council of States, and any rules so made shall have effect subject to the
provisions of any law made under the said clause.

Parliamentary Form of Government and Distinction between Parliamentary

Form of Government and Presidential Form of Government

Parliamentary form of Government is also known as Cabinet form of Government

or West Minister Model. In Parliamentary form of Government, the Crown or the
President is the nominal head of the State. The real power is vested in the Council of
Ministers headed by the Prime Minister. The Constitution of India establishes a
Parliamentary form of Government, both at the Centre and in the States. For this
purpose, our constitution makers followed the British model in toto.

In Parliamentary form of Government, the Council of Ministers is collectively

responsible/answerable to the Lower House/Lok Sabha. The members of the Lok
Sabha are elected by the people for a term of five years. In Lok Sabha Elections,
different political parties would be in the fray. The leader of the party, which won the
majority is invited by the President to form the Government. He is called the ‘Prime
Minister’. On the advice of the Prime Minister, the other Ministers are appointed by
the President. Similarly, in States/Provinces, the members of the Legislative
Assembly (Lower House) are elected by the people for a term of five years. The
leader of the political party, which won the majority and competent to form the stable
Government. He is called the ‘Chief Minister’. On the advice of the Chief Minister,
the other Ministers are appointed by the Governor, India and U K are the best
examples for Parliamentary Form of Government.
 Parliamentary Form of Government v Presidential Form of Government
(Distinction between Parliamentary Form of Government and Presidential Form
of Government)

1. In Parliamentary Form of Government, the President of Governor in the nominal

head and the real power is vested in the Cabinet i.e., Council of Ministers which is
answerable to the Lower House (Lok Sabha at Centre and Legislative Assembly
in States) Whereas in the Presidential form the Government, the real executive
head is the President. He (President) forms the Cabinet, and the Cabinet is
directly accountable to his E.g:U.S.

2. The Supporters of the Presidential Form of Government argue that presidential

system is free from sectional and party disputes. The President can devote his full
time for the development of the country. The appointment of Charan Singh in
1979 and Chandrasekhar in 1991 as the Prime Ministers of India are the best
examples for defects in Parliamentary system argue that the parliamentary system
has not failed, but the persons, who are called to work upon it (Parliamentary
system), have failed.

3. In the Presidential Form of Government, the President is free to choose the best
talented persons for appointment of Ministers. But, in the Parliamentary system,
the choice is restricted to the elected representatives only.

It is clear from the above that both the systems have merits and demerits as well.
There has been a proposal to introduce Presidential Form of Government in India to
remove the defects in the Parliamentary Form of Government.

Therefore, the Parliamentary system in India has been strengthened by passing of

the anti-defection laws, through the constitutional amendments under Article 368, to
remove such defections.