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Parliament academy SHUBHAM SINGH 7 nacademy Parliament: v Parliament of India consists of three parts viz, the » President, the Council of States and the House of the People. v RS represents the states and union territories of the Indian Union, while the LS represents the people of India as a whole. v President is integral part of the Parliament(Unlike USA). because a bill passed by both the Houses of Parliament cannot become law without the President’s assent. v parliamentary form of government emphasises on the interdependence between the legislative and executive — ae nacademy Composition of Rajya Sabha: = + The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president. + Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha. * representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies. + in USA, all states are given equal representation in the Senate irrespective of their population. USA has 50 states and the Senate has 100 members—2 each state. unacademy RS. Ra Y Only two (Delhi and Puducherry) have ° representation in Rajya Sabha. v Nominated Members The president, provide eminent persons a place in the Rajya Sabha without going through the process of election. Lok Sabha: v The maximum strength of the Lok Sabha is fixed at 552. ¥ 20 members are to be the representatives of the union territories and 2 members are to be nominated by the president from the Anglo- Indian community. v Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio between that number and its population is the same for all states. < = nacademy Readjustment after each Censu: Fs 7 5 > v readjustment is to be made in Y (a) allocation of seats in the Lok Sabha to the states. Y (b) division of each state into territorial constituencies. v Parliament is empowered to determine the authority and the manner in which it is to be made. Y objective of encouraging population limiting measures, seats are frozen on basis of 1971 Census till 2026. _.. al. unacademy Delimitation Commission: = ¥ It is the process of allocation of number of Seats and their demarcation into territories. Y Central Government constitutes a Delimitation Commission. v This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. Y Decision is final and binding. Purpose: + Population-Seat ratio is maintained . ne vote and one value. ole nacademy Reservation of Seats for SCs andi S v Reservation of seats for scheduled castes and scheduled » tribes in the Lok Sabha on the basis of population ratios. v Under the 95th Amendment Act of 2009, this reservation is to last until 2020. v They are elected by all the voters in a constituency, without any separate electorate. v Member of scheduled castes and scheduled tribes can also contest from non reserved seat. : unacademy Proportional Representation not Adopted: zi salar Fs > Vv it has adopted the system of territorial representation for the election of members to the Lok Sabha. v Under territorial representation, every member of the legislature represents a geographical area known as a constituency. v From each constituency, only one representative is elected. v simple majority system of representation does not represent the whole electorate. Y In other words, it does not secure due representation to minorities. ai zi nacademy Proportional Representation not Adopted 7 v proportional representation aims at removing the defects of territorial representation. v Under this system, all sections of the people get representation in proportion to their number. v Even the smallest section of the population gets its due share of representation in the legislature. Why Proportional Representa: nacademy ition not Adopted v It does not give any scope for organising by- elections. v Itis highly expensive. ¥ It eliminates intimate contacts between voters and representatives. v It promotes minority thinking and group interests. v It increases the significance of party system and decreases that of voter. Y Difficulty for the voters to understand. v system to multiply political parties leading to instability in government. nacademy Duration of Lok Sabha: 7 o> * Lok Sabha is not a continuing chamber. * Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time. — . si inacademy Qualifications for membership. - + Parliament has laid down the following qualifications in the Representation of People Act (1951). + He must be registered as an elector for a parliamentary constituency. + This is same in the case of both, the Rajya Sabha and the Lok Sabha. * No domicile required. + He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them. alga al nacademy Ground of Disqualification: . * office of profit. * Voluntarily acquired the citizenship of a foreign state. * so disqualified under any law made by Parliament. Representation of People Act (1951). + offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification. * failed to lodge an account of his election expenses within the time. Preaching and practising social crimes such as into ili ry.a ati. nacademy KITCHEN CABINET: 7 + A person cannot be a member of both ° Houses of Parliament at the same time. + Ifa person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. * In default of such intimation, his seat in the Rajya Sabha becomes vacant. ’ unacademy Points: 4 5 q > A member has to vacate his seat in the Parliament: * ifhis election is declared void by the court; + ifhe is expelled by the House; + if he is elected to the office of President or Vice- President. + if he is appointed to the office of governor of a state. + Representation of the People Act (1951), which enables the high court to declare an election void if a disqualified candidate is elected. The aggrieved party can appeal to the Supreme Court gainst the order of the high court in this regard. 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