Lok Sabha

The lower house of parliament is called the House of the People, or Lok Sabha, as per Article 79 of the Indian Constitution. The president has the power to choose the prime minister thanks to the 543 members of the Lok Sabha, sometimes known as the "House of People," who are directly elected by the country's citizens. Members of the Lok Sabha are elected to five-year terms, which are followed by the Assembly's dissolution and a new election. With an appropriate vote, Rajya Sabha members can examine and amend the laws that the legislature has enacted. The Lok Sabha members hold greater authority than the Rajya Sabha members in terms of appointing the nation's prime minister.

What is Lok Sabha?

• The lower chamber of the Indian parliament, known as the Lok Sabha, is selected through a vote by the populace.

• In India, the principle of universal suffrage is applied in selecting the Lok Sabha directly from the general public.

• The Lok Sabha serves as India's primary body for making political decisions and acts as the legislative and executive arm of the state.

• The Lok Sabha consists of the Prime Minister and his Cabinet members.

• The Lok Sabha consists of the Prime Minister and his Cabinet members.

• As the leader of the Council of Ministers, which is made up of deputy ministers, ministers of state, and cabinet ministers, the Prime Minister wields real power.

• The body that keeps the Council of Ministers responsible is the Lok Sabha.

Composition of Lok Sabha in India

• The House can have up to 552 members, as stipulated by the Constitution.

• The whole elected membership is distributed among the States in a manner that, as far as possible, ensures that the proportion of seats assigned to each State to its population is equal throughout all States.

• The composition of the Lok Sabha, or House of People, is specified in Article 81 of the Indian Constitution.

• The House of Representatives shall have no more than 550 members elected, with little than 20 from Territories.

• The lower house of the Indian Parliament consists of 530 members from various states.

• The maximum number of delegates from Union Territories is twenty.

• The president may only appoint two Anglo-Indian group members if they believe the group is underrepresented in parliament.

• There are presently 552 members in the House of the People, including over 530 members plus 20 more members and 2 more.

The Anglo-Indian Community's Representation in the Lok Sabha

• Two seats in the Lok Sabha, the lower house of parliament of India, are set aside for members of the Anglo-Indian minority as per Article 331.

• These two members were nominated by the Indian President at the suggestion of the Indian government.

• Act of the 104th Constitutional Amendment: The Anglo-Indian reserved seats in the Indian Parliament and State Legislatures were eliminated in January 2020 with the passage of the 104th Constitutional Amendment Act, 2019, which replaced the 126th Constitutional Amendment Bill of 2019.

Elections to the Lok Sabha

• Members of Parliament (MPs) are chosen by appointment or election from among states, union territories, or specialisation areas.

• Every five years, there are Lok Sabha elections. The right to vote for all adults has been recognized by the Indian Constitution as the basis for selecting members of the Lok Sabha and state legislative bodies.

Representation of States in Lok Sabha:

• The residents of the regions under the state's geographical divisions vote for their representatives.

• Use of the Universal Adult Franchise as an Election Principle

• Voting is open to all Indian citizens who are at least eighteen years old.

• The 61st Constitutional Amendment Act of 1988 lowered the voting age from 21 to 18 years old.

Union Territories' representation in the Lok Sabha:

• Election Principle Used: Direct Election

• The Act establishing the Union Territories (Direct Election to the House of the People) was passed, allowing the selection of Lok Sabha members from the union territories through direct voting.

• This gives Parliament the authority to choose the members from the UTs in any way it pleases.

Nominated Members' Representation in the Lok Sabha:

• If the Anglo-Indian Community is underrepresented, the President designates two representatives.

• The 95th Amendment Act of 2009 extended the deadline for Anglo-Indian nominations until 2020.

Election Procedure

First Past the Post System

• The simple majority system is another name for the first-past-the-post (FPTP) system. Using this voting technique, the winner is the candidate who receives the most votes in a constituency. In India, direct elections to the State Legislative Assemblies and Lok Sabha are conducted using this method.

• On the other hand, FPTP is rather straightforward and gives voters the ability to select not just between parties but also between specific candidates. Because the candidate may win even if they receive less than half of the total votes cast in a contest, it does not always provide for a truly representative mandate.

• With just 38.5% of the popular vote, the Bharatiya Janata Party-led National Democratic Alliance was able to get 336 seats in 2014. Additionally, with FPTP, the chances of minor parties representing certain groups winning elections are decreased.

Alternative Method of Voting

Proportional Representation

• All PR systems are based on the deliberate reduction of the difference between a party's share of the national vote and its number of legislative seats.

• A major party that receives 40% of the vote should also receive 40% of the seats in the legislature; similarly, a small party that receives 10% of the vote should likewise receive 10% of the seats.

• All parties are encouraged to support and engage in the system by the alignment of a party's share of the vote with its share of seats. List PR and Single Transferable Vote are the two main categories of PR systems (STV)

The roles and Powers of the Lok Sabha

Functions and Powers of Lok Sabha

Power in Money Matters

• Only the Lok Sabha, not the Rajya Sabha, may initiate a money bill.

• The Speaker of the Lok Sabha has the last say over whether or not a certain measure qualifies as a money bill.

• A Money Bill cannot be rejected or amended by the Rajya Sabha. In a period of 14 days, the bill must be sent back to the Lok Sabha, including all recommendations and the bill itself.

• The Rajya Sabha's proposals may be accepted, rejected, or left unread by the Lok Sabha. The money bill is considered to have been approved by the two Houses in both situations.

• A financial bill may only be introduced in the Lok Sabha and not the Rajya Sabha, and it must not simply address the issues covered by Article 110. However, both chambers have equal authority to pass it.

Decisions in Joint Sitting

• Each regular statute must be approved by both Houses.

• However, if there is a disagreement between the two Houses, a joint session of both Houses is called to offer a resolution.

• In a conference like this, the Lok Sabha's viewpoint is probably going to win out because of its greater strength.

Power over the Council of Ministers

• The Lok Sabha is the body that oversees the Council of Ministers.

• All ministers, including the prime minister, must resign if the majority of Lok Sabha members declare they have "no confidence" in the Council of Ministers.

• The Rajya Sabha does not have this authority.

Features of Lok Sabha

Composition of Lok Sabha

Article 81

• There may be no more than 550 members in total (530 + 20). Of them, 530 shall be elected directly from State territorial constituencies.

• 20 will be selected in accordance with any legal provisions made by Parliament for the representation of Union territory.

• The 104th Constitutional Amendment Act removed the two Lok Sabha seats held by the Anglo-Indian minority.

Duration and dissolution of Lok Sabha

Article 83(2)

• The Lok Sabha's tenure would be for five years starting on the day of its first assembly.

• But while a national emergency is in effect, Parliament may prolong it for a maximum of one year at a time, for any duration, but never more than six months following the proclamation's expiration.

• Before the five years are passed, the President may dissolve it on the Prime Minister's recommendation.

Qualifications of members of Lok Sabha

Article 84:

• An Indian national.

• ought to be at least 25 years old.

The 1951 Representation of People Act:

• He has to have a voter registration in every Indian constituency.

• To compete for a reserved seat, one must be a member of the Scheduled Tribe or Scheduled Caste.

Disqualifications of Lok Sabha under the Constitution and RPA

Article 102(1)

• An individual may be excluded from:

• holding any paid position with the Indian or State governments, excluding those established by legislation passed by Parliament.

• unsound mind and has been found to be so by an appropriate court.

• Insolvent but not released.

• Not an Indian citizen, having freely taken up citizenship in a foreign country, or being acknowledged as being loyal or devoted to a foreign state.

• disqualified by any law passed by the legislature.

Article 102(2)

• If someone is prohibited from holding office under the Tenth Schedule, they will not be eligible to serve in either House of Parliament.

Representation of People’s Act, 1951

• Found guilty of participating in corrupt or election-related activities.

• Someone who has been found guilty of a crime that has a minimum two-year jail sentence. Detention under a preventative detention statute does not, however, imply disqualification.

• Not submitting an expenditure report for the election within the deadline.

• An individual has a stake in government jobs, projects, or services.

• A managing agent, director, or someone holding the position of profit in a company where the government controls at least 25% of the shares.

• A person was fired from their position with the government due to their disloyalty or corruption.

• Found guilty of encouraging animosity between various groups or the bribery crime.

• It is punishable to preach or practise social offences including sati, dowry, and untouchability.

Question of Disqualification

Article 103

• Article 103 states that the President will make the ultimate judgement on any matter about a member's eligibility for disqualifications; the question will be presented to him for his consideration.

• The Election Commission's opinion must be obtained by the President, who must thereafter take appropriate action

Disqualification for defection in Lok Sabha

As per the Anti-defection Act of 1985, an individual may be excluded if they:

• Resigns from such a political party voluntarily.

• votes in such houses against any instruction from such a political party, or does not vote.

• Any political party can accept a member who was elected independently.

• After six months have passed since the member of the house was nominated, he or she might join any political party.

• The Speaker in the Lok Sabha case and the Chairman in the Rajya Sabha case will settle the disqualification issue.

Vacation of seat

Double membership

As per the 1955 Representation of People Act:

• If both chambers are elected, the Rajya Sabha seat becomes empty until the option is communicated within ten days.

• A current member's seat in the first House becomes vacant if they are elected to another body.

• If two candidates are elected, both seats fall empty if one is not exercised.

• If someone is elected to both the state legislature and the parliament, their position in the legislature becomes empty if they do not step down from the state legislature within 14 days.

Disqualification

If susceptible to any disqualification under the tenth schedule for defection or under the representation of people's legislation or the constitution.

Resignation

A member may tender their resignation in writing to the house's presiding officer.

Absence

If a participant misses 60 consecutive meetings without authorization, their seat becomes vacant.

Other cases

• If a judge rules that an election is invalid.

• If the house expels you.

• If chosen to hold the presidency.

• If chosen to hold the governorship.

Presiding officers of Lok Sabha

Article 93

• The Speaker and Deputy Speaker will be chosen by the Lok Sabha.

• In the event that the Speaker or Deputy Speaker positions fall unfilled, the House will select a new member to fill them.

Speaker

The Speaker is the Lok Sabha's leader. He holds the post until the next House appoints a new Speaker, even in the event that the Lok Sabha is dissolved.

Deputy Speaker

Meetings are presided over by a Deputy Speaker when the speaker is not present.

Article 94

A resolution approved by the Lok Sabha and signed by the majority of the House's members at the time might remove the Speaker and the Deputy Speaker from their positions.

Panel of chairpersons of Lok Sabha

Following the guidelines set by the Lok Sabha, the Speaker chooses a group of up to ten chairpersons from the members present. Any of these chairpersons can lead the House in the absence of the Speaker or the Deputy Speaker, and they will have the same authority as the Speaker when they do so.

• Until a new group of chairpersons is proposed, he remains in office. If a panellist is not present, the House may choose a substitute to serve as Speaker.

• A member of the panel of chairpersons is not permitted to preside when the position of Speaker or Deputy Speaker is unfilled.

Seat distribution in the Lok Sabha among the Indian states

Seat distribution in the Lok Sabha among Union Territories

Conclusion

The country needs the Lok Sabha and Rajya Sabha to function better and more efficiently. Rajya Sabha members will safeguard and maintain various state rights by representing them in the Assembly and amending and evaluating the laws made by the Lok Sabha, while Lok Sabha members will oversee the nation's internal and foreign affairs to enact legislation and international accords. A nation's union territories and states must operate efficiently for it to develop at times, so Lok Sabha must consider the requirements of the Rajya Sabha and provide a workable solution to the state's issues.