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Parliament of India

Parliament of India

Edited By Ritika Jonwal | Updated on Aug 28, 2024 04:17 PM IST

The foundation of India's democratic government and system is the Parliament. The Indian Parliament, which consists of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People), is essential to the creation and execution of national policy, the representation of the many national voices, and the preservation of democratic values. These sacred halls serve as a forum for elected officials to convene, deliberate, and reach decisions on issues of national significance, rendering them symbolic of India's dynamic and heterogeneous democratic structure.

What is Parliament?

  • The Parliament, which is in charge of the country's democratic political system and is part of the Parliamentary form of government, also known as the Westminster Model, has the greatest legislative power in India.

  • Following the 1951–52 general elections held under the new Constitution, the first elected Parliament was established in April 1952.

  • Part V of the Constitution contains Articles 79 through 124 that describe the Parliament's offices, processes, privileges, powers, organisation, composition, length, and other elements.

Members of the parliament are:

  • The Lower House, or House of the People, is another name for the Lok Sabha.

  • The Upper House, or Council of States, is another name for the Rajya Sabha.

  • The President(Head of State).

Role of the Indian Parliament in Democracy

  • The union government consists of three organs: the executive, judiciary, and parliament.

  • The adoption of the "Parliamentary form of government" places the parliament at the centre of the democratic system in India.

  • A true democracy cannot exist without an effective, efficient, and representative legislature.

  • The legislature aids citizens in keeping their representatives responsible. Yes, this is representative democracy's fundamental tenet.

  • Making laws is only one of the legislature's duties. Every democratic political process revolves around it.

  • Out of all the branches of government, the legislature is the most representative.

  • The legislatures are more representative and may be more receptive to public expectations just by the participation of members from a wide range of social backgrounds.

Constitutional Mandate of the Indian Parliament

  • Part V of the Constitution covers Articles 79 to 122, which address the Parliament's structure, membership, tenure, officials, processes, privileges, powers, and other matters.

  • Article 79: The President and the two Houses, to be called the Council of States and the House of the People, respectively, will make up the Union's Parliament.

  • Article 80: The composition of the Rajya Sabha, or council of states

  • Article 81: The makeup of the Lok Sabha, or House of People

  • Article 82: Readjusting following every census. Creating a Commission for Delimitation

Significant Articles Concerning the Parliament

Articles related to the Indian Parliament are listed below:

Articles Related to the Indian Parliament

Articles

Description

79

Constitution of Parliament

80

Composition of the Council of States/Rajya Sabha Composition

81

Composition of the Council of States/Rajya Sabha Composition of the House of People/Lok Sabh

83

Duration of the Houses of Parliament

84

Qualification for Membership of Parliament

85

Qualification for membership of Parliament Sessions, Prorogation and Dissolution

89

Chairman and Deputy Speaker of the House of People

93

Speaker and Deputy Speaker of the House of People

102

Disqualification for Membership

105

Powers and Privileges of the House of Parliament

108

Joint Sitting of the Houses

110

Definition of Money Bills

111

Assent to Bills

112

Annual Financial Statement Appropriation Bills

114

Votes on account

116

Finance Bills

117

The language used in Parliament

120

The language used in Parliament

122

Courts not to inquire into Parliamentary proceedings

123

Ordinance-making power of the President

Importance of Parliament

One essential component of democratic government is the Parliament. It performs several vital tasks that support the nation's political and social structure. These are the main explanations for why we require a parliament:

  1. Representation: The legislature is the people's voice. It guarantees that the population's varied social, cultural, and economic interests are taken into account while formulating policies. It gives elected officials a platform on which to answer to their people.

  1. Legislation: The nation's governing laws are drafted, debated, and passed by the Parliament. It creates policies to advance social welfare and national growth.

  1. Control Over Finances: Parliament has the authority to adopt financial measures and the annual Union Budget. Money keeps an eye on public spending to make sure money is allocated effectively and for the right reasons.

  1. Executive Oversight: It keeps the executive branch in check by avoiding the abuse and concentration of power. Parliament questions the government's activities through debates, committee reports, and question hours.

  1. Forum for Deliberation: It offers a stage for talking about and arguing about national concerns. It encourages making well-informed decisions and settling disputes by reaching consensus.

  1. Constitutional Functions: The ability to alter the Constitution gives Parliament the flexibility to adapt it to the needs of the modern world. Additionally, it upholds the power balance that is necessary for India's federal system between the federal and state governments.

Powers and Functions of Parliament

The Indian Constitution, in Chapter II, Part V, mentions the functions of the Parliament. The Parliament's duties fall under several categories. Below is a discussion about them:

Legislative Functions

The following are some of the important roles that the parliament plays in the nation's legislative branch:

  • Every topic on the Union and Concurrent List requires legislation, and it is the responsibility of the Parliament to enact it.

  • Laws about the State Lists are also enacted by the Parliament in accordance with specific articles, including 249, 252, and 253, and in certain situations.

  • The Parliament has the authority to pass legislation at any moment that modifies or alters state legislature laws.

Executive Functions

The parliament, which exercises authority over the executive branch in several ways, is a crucial component of the nation.

  • A vote of no confidence in the government can be used by the Parliament at any moment to remove the cabinet from office.

  • It may also disagree with the government's demands made in the bill of finance.

  • An essential legislative role of the Parliament that draws attention to the public emergency interest is the adjournment motion.

  • The Parliament appoints a Committee to monitor the department's compliance with the commitments made to the Parliament.

  • All actions taken by the Parliament are the responsibility of the ministries.

Financial Functions

The Parliament is in charge of this department, and the Executive cannot operate without their consent. The Parliament performs the following financial duties:

  • Parliament must provide its approval before any taxes are imposed.

  • The Union Budget is drafted by the Cabinet and then presented to the Parliament for approval.

  • The money bills are heavily influenced by the Parliament.

  • The Public Accounts Committee and the Estimates Committee are two departments of Parliament tasked with monitoring the use of funds provided by the legislative branch to the executive branch.

Amending Powers

  • The Indian Constitution may be amended by the Parliament.

  • It is equally within the authority of the two Houses of Parliament to modify the Constitution.

  • For amendments to take effect, they must be approved by both the Rajya Sabha and the Lok Sabha.

Electoral Functions

  • The election of the President and Vice President involves the participation of the Parliament.

  • The elected members of both Houses are among the members of the electoral college that chooses the President.

  • A resolution approved by both the Lok Sabha and the Rajya Sabha can remove the President.

Judicial Functions

The following are some of the main judicial authorities that the Parliament possesses:

  • It has the power to remove the President from office.

  • The President of India may be impeached if they violate the Constitution.

  • The judges of the Supreme Court and High Court may also be removed by the Parliament.

  • If members violate their granted privileges while they are still bound by their oath, they may face consequences.

Additional Tasks and competences of the Parliament

  • In the Parliament, matters of both national and international significance are deliberated. In this sense, the opposition is crucial because it makes sure that the nation is aware of other points of view.

  • One way to describe a parliament is as a "nation in miniature."

  • Before the passing of legislation or resolutions, the Parliament in a democracy performs the crucial role of discussing important issues.

  • The borders of states and Union Territories may be changed, enlarged, or decreased by the Parliament.

  • The Parliament serves as a channel for information as well. When members request information in the Houses, the ministers are required to provide it.

Organs of Parliament

There are two primary organs that make up the Indian Parliament. The Rajya Sabha and Lok Sabha are these. Let's go into further depth about each organ:


Major Organs of the Parliament of India


Organs

Lok Sabha

Rajya Sabha

About

Also referred to as the House of the People or the Lower House. Members are chosen by universal adult franchise in a direct election.

The Indian Constitution's drafters purposefully designed the Rajya Sabha, the Upper House of the bicameral legislature, to operate as a check on the power of the Lok Sabha.

Composition

  • The members' maximum strength is 552.

  • Twenty members represent Union Territories, while the remaining 530 members are state representatives.

  • Two Anglo-Indian community members are nominated by the president.

  • Members' maximum strength is 250.

  • Of these, 12 are the President's nominees and 238 are indirectly chosen.

  • The distribution of Rajya Sabha seats among states and union territories is covered under the fourth schedule of the constitution.

Representation of States

  • The citizens of the state's constituencies directly elect the members.

  • Voting in such an election is open to anybody over the age of eighteen.

  • Before, the age to vote was 21, but the 61st constitutional amendment legislation lowered it to 18.

  • The elected members of State Legislative Assemblies choose the Rajya Sabha's members.

  • By using a single transferable vote, the election system used is compliant with the proportional representation system.

  • Seats are distributed according to population.

Representation of Union Territories

  • The Lok Sabha's procedure for selecting MPs from the union territories may be mandated by the parliament.

  • Members of the Lok Sabha from Union Territories may be directly elected under the Union Territories Act of 1965.

  • Since there are no state legislative assemblies in the union regions, the members are chosen indirectly.

  • The system of proportional representation is used.

  • The Rajya Sabha only permits representation from Union territories, such as Puducherry, Jammu & Kashmir, and Delhi.

  • This is a result of the tiny population of other UTs.

Nomination of members

  • Two Anglo-Indian Community members may be nominated by the President.

  • The 95th Amendment Act of 2009 extended the validity of this clause until 2020.

  • The President proposes candidates for the members based on their expertise in the areas of social service, science, literature, and the arts.

  • There are no more than 12 members nominated.

Duration

  • This body is developed over five years and is not permanent.

  • The president has the authority to dissolve it, or it will dissolve on its own when its term ends.

  • In the event of a national emergency, the Lok Sabha's tenure may be prolonged by one year.

  • It is an indestructible, eternal body.

  • Every year, one-third of its members retire, and they are eligible for endless reelection or nomination.

Comparison of the Rajya Sabha and the Lok Sabha

  1. The Rajya Sabha lacks the power to create or dissolve the government since Article 75(3) states that the Council of Ministers is accountable to the Lok Sabha collectively. It can, nonetheless, exercise influence over the government. This role becomes an important role, especially when the government lacks a majority in the Rajya Sabha.

  1. Ministers may be members of any chamber of the legislature.

  1. Each minister is allowed to address the House and participate in its proceedings, but they can only cast a vote in the House in which they are a member.

  1. Similarly, the Constitution places the two Houses exactly on an equal footing with respect to the powers, privileges, and immunities of the Houses of Parliament, their members, and their committees.

The authority of Parliament

  • The British Parliament is the source of the idea of Sovereignty of Parliament, which holds that the state has ultimate authority. However, because of legislative limitations on its power and jurisdiction, the Indian Parliament is not recognised as a sovereign entity.

  • The written Constitution, a federal form of government, the judicial review process, basic rights, and the allocation of specific authorities to different areas are among the elements that restrict Parliament's sovereignty.

Conclusion

The Indian judiciary may perceive itself as the custodian of the constitution, managing the conflicting roles and obligations of an intricate network of Parliamentary bodies. Eventually, the membership of the judiciary and the requirements for its continuous existence are formulated and made concrete by the Parliament. The tendency to emphasise diversity or plurality cannot be used to further nationalism that is at odds with individual liberties, a de-centering movement in postmodernism, or the outcome of India's polity's globalisation.

Frequently Asked Questions (FAQs)

1. Which is the Indian Parliament?

India's parliament is the highest legislative body. The Rajya Sabha (Council of States) and Lok Sabha (House of the People) are the two Houses that make up the Indian Parliament, together with the President.

2. How many people are in India's parliament?

The Lok Sabha currently has 543 seats that are held by elected officials. If the Lok Sabha is not dissolved, its tenure will expire after five years from the date of its inaugural session.

3. Who is the head of the Parliament?

The prime minister of India is our parliament's leader, as per the constitution. He or she is the head of state in every aspect. On the Prime Minister's recommendation, the President selects ministers and assigns ministries to them.

4. In India, how many MP seats are there?

The entire nation has been split into 543 Parliamentary Constituencies, each of which elects one member, in order to form the Lok Sabha.

5. What is the number of houses in the Parliament?

There are two Houses in the Parliament of our nation. The House of the People (Lok Sabha) and the Council of States (Rajya Sabha) are the names of the two Houses. Despite not belonging to either House, the President of India is a member of the Parliament.

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