Organisation of Parliament

1. Composition of Parliament (President, Rajya Sabha, Lok Sabha)

The Parliament of India consists of three main components:

  • President: The ceremonial head of the state, an integral part of the Parliament, though not a member of either House. The President’s role includes summoning and proroguing Parliament and giving assent to bills passed by both Houses.
  • Rajya Sabha: The Upper House or Council of States, representing the states and union territories of India.
  • Lok Sabha: The Lower House or House of the People, representing the people of India through elected representatives.

2. Role of the President in Parliament

The President of India has specific functions in relation to the Parliament:

  • Summons and prorogues both Houses.
  • Dissolves the Lok Sabha.
  • Gives assent to bills passed by Parliament, which is necessary for them to become law.
  • Can promulgate ordinances when Parliament is not in session (Article 123).

Composition of Rajya Sabha

1. Maximum Strength and Distribution of Seats

  • The maximum strength of the Rajya Sabha is 250 members, but currently, it consists of 245 members.
    • 233 members are elected by the states and union territories.
    • 12 members are nominated by the President from fields such as arts, science, literature, and social service.

2. Method of Election of Members

  • Rajya Sabha members are elected by the elected members of State Legislative Assemblies and Union Territory representatives through Proportional Representation by the Single Transferable Vote.

3. Nomination of Members by the President

  • The President nominates 12 members to the Rajya Sabha, representing eminent personalities from various fields like literature, art, science, and social services.

4. Tenure and Staggered Retirement System

  • Rajya Sabha is a permanent body and is not subject to dissolution.
  • Members have a tenure of 6 years, with one-third of the members retiring every two years. This staggered retirement ensures continuity in the functioning of the Rajya Sabha.

Composition of Lok Sabha

1. Maximum Strength and Distribution of Seats

  • The maximum strength of the Lok Sabha is 552 members:
    • 530 members representing the states.
    • 20 members representing the union territories.
    • 2 members nominated by the President from the Anglo-Indian community (before the 104th Amendment).

2. Territorial Constituencies and Representation

  • India is divided into territorial constituencies, each of which elects one member to the Lok Sabha. The number of constituencies is determined based on the population of each state and union territory.

3. System of Elections

  • Lok Sabha elections are conducted using the First-Past-The-Post (FPTP) system. In this system, the candidate with the highest number of votes in a constituency wins the seat.

4. Qualifications for Membership

  • The qualifications for Lok Sabha membership include:
    • Being a citizen of India.
    • Being at least 25 years of age.
    • Meeting other legal criteria set by Parliament under Article 84.

System of Elections to Lok Sabha and Rajya Sabha

1. Territorial Constituencies

  • Lok Sabha elections are conducted from single-member constituencies, whereas Rajya Sabha members are elected by the elected members of State Legislative Assemblies.

2. Reservation of Seats for SCs, STs, and Anglo-Indians

  • Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in both the Lok Sabha and state assemblies. Additionally, before the 104th Constitutional Amendment, Anglo-Indians had representation through nomination.

3. Elections for Rajya Sabha Members by State Legislatures

  • Members of Rajya Sabha are elected by the elected members of State Legislative Assemblies through Proportional Representation by Single Transferable Vote.

Duration of the Two Houses

1. Tenure of Lok Sabha and Rajya Sabha Members

  • Lok Sabha members serve for a term of five years, unless dissolved earlier.
  • Rajya Sabha members serve for six years, with one-third retiring every two years.

2. Dissolution of Lok Sabha

  • The Lok Sabha can be dissolved by the President upon the advice of the Prime Minister or at the end of its five-year term.

3. Continuity of Rajya Sabha

  • Since Rajya Sabha is a permanent body, there is no dissolution. The staggered retirement system ensures continuity.

Presiding Officers

1. Speaker of Lok Sabha

  • Election: The Speaker is elected by the members of the Lok Sabha from amongst themselves.
  • Powers and Duties:
    • Presides over the meetings of Lok Sabha.
    • Maintains order and decorum.
    • Decides on matters of procedure and interprets parliamentary rules.
    • Can cast a vote in the case of a tie (Casting Vote).

2. Deputy Speaker of Lok Sabha

  • The Deputy Speaker performs the duties of the Speaker in their absence.

3. Chairman and Deputy Chairman of Rajya Sabha

  • The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha.
  • A Deputy Chairman is elected by the Rajya Sabha members to preside in the absence of the Chairman.

4. Panel of Chairpersons

  • A group of MPs from either House can temporarily preside over sessions in the absence of the Speaker or Chairman.

5. Pro Tem Speaker

  • A temporary speaker appointed to conduct the proceedings of the Lok Sabha immediately after a general election, until a permanent Speaker is elected.

Sessions of Parliament

1. Summoning and Prorogation of Sessions

  • The President summons and prorogues sessions of both Houses.

2. Adjournment, Adjournment Sine Die, and Dissolution

  • Adjournment refers to suspending the session temporarily.
  • Adjournment sine die is suspending a session without setting a date for the next meeting.
  • Dissolution applies only to the Lok Sabha, ending its tenure.

3. Recess Between Sessions

  • Parliament usually has three sessions annually: Budget Session, Monsoon Session, and Winter Session, with recesses in between.

4. Quorum Requirements

  • The quorum for both Houses is one-tenth of the total number of members.