Unit-2

Parliament
Lesson-11
Parliament Composition

Dr. Payal Jain

Assistant Professor, VSLLS (VIPS), Delhi
 Article 79
Parliament consist of three organs:
- President of India
- Council of States (Uppar House, Rajya Sabha)
- House of the People (Lower House, Lok Sabha)

President not a member of either House of

Parliament, Integral part of Parliament.
-President can summons either House
- Prorogue the House
-Dissolve the House
 Assent to the Bills
Article 80- Composition of the Council of States
Maximum member 250
238 representatives of UT and States
12 as per clause 3- having special knowledge nominated
by the President
 Article 105-Parliament Privileges
Powers, privileges, etc of the Houses of Parliament and of the
members and committees thereof
(1) Subject to the provisions of this constitution and the rules and
standing orders regulating the procedure of Parliament, there shall
be freedom of speech in Parliament
(2) No member of Parliament shall be liable to any proceedings in any
court in respect of anything said or any vote given by him in
Parliament or any committee thereof, and no person shall be so
liable in respect of the publication by or under the authority of
either House of Parliament of any report, paper, votes or
proceedings.
 Article 105-Parliament Privileges
(3) In other respects, the powers, privileges and immunities of
each House of Parliament, and of the members and the committees of
each House shall be such as may from time to time be defined by
Parliament by law, and, until so defined shall be those of that House and
of its members and committees immediately before the coming into
force of Section 15 of the Constitution (Forty fourth Amendment) Act
1978
(4) The provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to
persons who by virtue of this constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of Parliament or
any committee thereof as they apply in relation to members of
Parliament
 Article 105-Parliament
P.V.Narasimha Rao Vs. UOI AIRPrivileges
1998 SC 2120
Facts – whether the privilege of immunity from court
proceedings in article 105 (2) extends even to bribes
taken by the MPs for the purpose of voting in a particular
manner in Parliament.
The majority did not agree with the minority view that
the MPs who took and gave bribes but did not participate
in the voting so could not claim immunity from court
proceedings U/A 105 (2).
Whether by virtue of Article 105 of the Constitution a
Member of Parliament can claim immunity from
prosecution on a charge of bribery in a criminal court,
and
whether a Member of Parliament is a "public servant"
falling within the purview of the Prevention of
Corruption, 1986 
The provisions of Sub-article (1) Article 105 indicates in no uncertain term
that the freedom of speech guaranteed under sub Article (1) of Article 105
is independent of the freedom of speech guaranteed under Article 19 of the
Constitution and such freedom of speech under Article 105 (1) is not
inhibited or circumscribed by the restrictions under Article 105 (1) is not
inhibited or circumscribed by the restrictions under Article 19 of the
Constitution.
In order to ensure effective functioning of Parliamentary democracy, there
was a felt need that a Member of Parliament will have absolute freedom in
expressing his views in the deliberations made in the door of Parliament.
.
Similarly he must enjoy full freedom in casting his vote in
Parliament.
The protections to be enjoyed by a Member of Parliament as
contained in Sub Article (2) of Article 105 essentially flows
from the freedom of speech guaranteed under Sub- Article (1)
of Article 105.
Both the Sub-articles (1) and (2) compliment each other and
indicate the true content of freedom of speech and freedom to
exercise the right to vote envisaged in Article 105 of the
Constitution
Held:
A Member of Parliament does not enjoy immunity
under Article 105 (1) or under  Article 105 (3)  of the
Constitution from being prosecuted before
a criminal court for an offence involving offer or
acceptance of bribe for the purpose of speaking or by
giving his vote in Parliament or in any committees
thereof.
A member of Parliament is a public servant under sec.
2(c) of the Prevention of Corruption Act, 1988.
Held:
 Since there is no authority competent to remove a Member of
Parliament and to grant sanction for his prosecution under Section
19(1) of the Prevention of Corruption Act, 1988, the court can take
cognizance of the offences mentioned in Section 19(1) in the
absence of sanction but till provision is made by Parliament in that
regard by suitable amendment in the law, the prosecuting agency,
before filing a charge-sheet in respect of an offence punishable
under Section 7, 10 11, 13 and 15 of the 1988 Act against a
Member of Parliament in a criminal court, shall obtain the
permission of the Chairman of the Rajya Sabha/Speaker of the Lok
Sabha, as the case may be.
So, the decision passed in the favour of the MPs who
took and give the bribe as per U/A 105.