Parliament of India: Functions, Lok Sabha, Rajya Sabha and its Composition & its System of Elections🇮🇳

Introduction

The Parliament of India stands as a cornerstone in the nation’s democratic governance. Comprising the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), it plays a pivotal role in legislating, representing diverse voices, and upholding democratic principles. Within its halls, elected representatives convene to deliberate and decide on matters of national significance, symbolizing India’s vibrant democratic fabric.

In the context of the UPSC IAS exam, the Parliament of India holds immense significance. It constitutes a substantial portion of the Polity subject in both the Mains General Studies Paper-II and the Prelims General Studies Paper-1 syllabi. Aspirants must grasp the bicameral nature of the legislature, its functions in legislation, executive and financial control, and its representation of diverse interests. Additionally, understanding parliamentary sessions, committees, constitutional foundations, and the role in policy formulation is crucial for a comprehensive preparation. Staying abreast of any changes or developments in the parliamentary system is vital for UPSC aspirants.

About Indian Parliament

The Parliament functions as the legislative body of the Indian government, and its structure and operations are delineated in Articles 79-122 of the Indian Constitution, falling under Part V. These constitutional provisions cover various aspects, including the organization, composition, duration, procedures, privileges, powers, and officers of the Parliament.

Lok Sabha (House of the People):

• The Lok Sabha is the lower house of Parliament, consisting of members directly elected by the people through general elections.
• Members of the Lok Sabha represent constituencies across the country, and their primary responsibility is to enact laws and policies.
• The Lok Sabha has the power to approve budgets, and it plays a crucial role in the formation and functioning of the government.

Rajya Sabha (Council of States):

• The Rajya Sabha is the upper house of Parliament, representing the states and union territories of India.
• Members of the Rajya Sabha are not directly elected by the public but are chosen by the elected members of the State Legislative Assemblies and the Electoral College of Union Territories.
• The Rajya Sabha serves as a revising chamber, offering expertise, and providing a forum for in-depth discussions on legislation.

The President:

• The President of India is an essential part of the Parliament but participates in its functions mainly through the address to the joint sitting at the beginning of each session.
• The President’s role includes giving assent to bills passed by both houses, summoning and proroguing sessions, and dissolving the Lok Sabha.

Prime Minister as the Leader of the Majority Party:

• The leader of the majority party in the Lok Sabha typically becomes the Prime Minister and serves as the chairperson of the Parliament.
• This connection between the executive and legislative branches ensures coordination between policy formulation and execution.

Constitutional Framework (Articles 79-122):

• The constitutional provisions outlined in Articles 79-122 set the foundational principles for the functioning of the Parliament. These articles cover a wide range of aspects, including the composition of houses, procedures for legislation, parliamentary privileges, and the powers of the Parliament.

Duration and Sessions:

• The Parliament operates in sessions, each lasting for a specific period. A session includes multiple sittings during which legislative business is conducted.
• The President has the authority to summon and prorogue sessions, and the Parliament can also be dissolved.

Powers and Privileges:

• Parliament holds significant powers, including the authority to legislate on subjects in the Union List and Concurrent List.
• Members of Parliament enjoy certain privileges and immunities to facilitate their roles in representing the interests of the people.

Functions of Parliament

Legislative Functions:

1. Union and Concurrent List Legislation:
   • The Parliament is tasked with legislating on subjects enumerated in the Union List, which includes matters of national importance such as defense, foreign affairs, atomic energy, etc.
   • Additionally, the Parliament has the authority to legislate on items in the Concurrent List, where both the center and states can make laws. In case of a conflict, the central law prevails.
2. Legislation on State Lists under Special Circumstances:
   • The Parliament has the power to make laws on subjects listed in the State List if it is in the national interest or during specific circumstances. Articles 249, 252, and 253 of the Constitution provide the constitutional basis for such legislative interventions.
3. Amendment or Replacement of State Laws:
   • The Parliament has the authority to amend, repeal, or replace state laws on subjects in the Concurrent List. This ensures uniformity and coherence in laws across the country.
4. Emergency Legislation:
   • During a national emergency, the Parliament can legislate on matters listed in the State List, effectively overriding the autonomy of the states. This is outlined in Article 250 of the Constitution.
5. Special Powers during President’s Rule:
   • In the event of the President’s Rule (Article 356), where the constitutional machinery in a state is disrupted, the Parliament can legislate on matters within the State List for that particular state.
6. Ordinary Legislation:
   • Apart from the above-mentioned scenarios, the Parliament has the ongoing responsibility to pass ordinary legislation, responding to the evolving needs of the nation.

Executive Functions:

1. Vote of No-Confidence:
   • The Parliament holds the power to remove the cabinet from power through a vote of no-confidence. If a majority of the members express lack of confidence in the government, it may lead to the resignation of the entire cabinet. This mechanism ensures that the government remains accountable to the Parliament.
2. Control over Finance:
   • The Parliament exercises control over the executive through its authority on financial matters. It can scrutinize and oppose demands in the budget or financial bills presented by the government. This ensures transparency and responsible fiscal management.
3. Adjournment Motion:
   • The adjournment motion is a parliamentary procedure that allows Members of Parliament to raise urgent matters requiring immediate attention. This executive function serves as a mechanism to bring public emergencies and matters of national interest to the forefront for discussion and resolution.
4. Committees for Oversight:
   • The Parliament appoints committees to oversee the functioning of various government departments and ministries. For example, the Public Accounts Committee (PAC) and Committee on Public Undertakings (COPU) scrutinize whether government departments are adhering to the promises and policies outlined in the Parliament.
5. Ministerial Responsibility:
   • Ministers in the government are individually and collectively responsible to the Parliament for the actions and policies of the government. They are accountable for the decisions made by their respective departments, and they can be questioned, criticized, and censured by the Parliament.

These executive functions empower the Parliament to act as a check on the executive branch, ensuring that the government operates within the framework of the constitution and in the best interest of the nation. The ability to question, challenge, and oversee the executive actions is fundamental to maintaining the principles of democratic governance.

Financial Functions:

1. Tax Imposition:
   • The Parliament holds the authority to approve the imposition of taxes. Any proposal for new taxes or changes in existing tax structures must be presented and approved by the Parliament. This ensures that the power to levy taxes, a significant source of revenue for the government, is vested in the legislative branch.
2. Union Budget Approval:
   • The Cabinet, headed by the Finance Minister, prepares the Union Budget outlining the government’s revenue and expenditure for the fiscal year. The Union Budget is then presented to the Parliament for approval. Members of Parliament debate and scrutinize the budget before it is passed, giving the legislative branch control over the country’s finances.
3. Money Bills:
   • Money bills, which exclusively deal with matters related to taxation or government expenditure, can only be introduced in the Lok Sabha (House of the People). The Rajya Sabha (Council of States) can discuss and suggest changes, but it cannot veto a money bill. This ensures efficient decision-making on financial matters.
4. Public Accounts Committee (PAC):
   • The Parliament appoints the Public Accounts Committee to oversee government expenditures. PAC examines the audit reports of the Comptroller and Auditor General (CAG) and ensures that public funds are spent in accordance with the Parliament’s approval. It acts as a check on financial irregularities.
5. Estimates Committee:
   • Similar to the PAC, the Estimates Committee is appointed by the Parliament to scrutinize the estimates of expenditure presented in the budget. It examines whether the funds allocated are used for the intended purposes and evaluates the economy, efficiency, and effectiveness of government spending.

These financial functions empower the Parliament to exercise control over the government’s fiscal policies and expenditures. Through the approval of taxes, budget scrutiny, and oversight committees, the Parliament ensures that public funds are used judiciously and in accordance with the priorities set by the legislature.

Electoral Functions:

1. Election of the President and Vice President:
   • The election of the President and Vice President of India involves the participation of the Parliament. Members of both houses, the Lok Sabha and the Rajya Sabha, along with elected members from the Legislative Assemblies of states and Union Territories, form the electoral college for the presidential election.
   • The President is elected by an Electoral College consisting of the elected members of both houses, while the Vice President is elected by the members of both houses. This process ensures that the President and Vice President are chosen by a broad representation of the people.
2. Impeachment of the President:
   • The Parliament plays a crucial role in the removal of the President. If the Rajya Sabha passes a resolution supported by a special majority and the Lok Sabha agrees to it with a two-thirds majority, the President can be impeached. This provides a mechanism for holding the President accountable and removing them from office in case of misconduct or violation of the Constitution.

Amending Powers:

1. Amendment of the Constitution:
   • The Parliament has the authority to amend the laws of the Indian Constitution. Amendments can be proposed in either house, but for an amendment to take effect, it must be passed by both houses—Lok Sabha and Rajya Sabha—with a special majority.
   • The process of constitutional amendments is outlined in Article 368 of the Indian Constitution. Certain amendments may also require ratification by a specified number of states.
2. Special Majority Requirement:
   • A special majority in the context of constitutional amendments means that the amendment must be supported by a two-thirds majority of the members present and voting in each house, as well as by a majority of the total membership of that house.

These electoral functions and amending powers highlight the Parliament’s role in shaping the leadership of the country through democratic processes and ensuring that changes to the Constitution undergo thorough scrutiny and approval.

Constitutional Processes:

1. Impeachment of the President:
   • The Parliament has the power to impeach the President, but this is not a judicial power per se. Impeachment is a constitutional process whereby the President can be removed from office for violation of the Constitution or other charges. The process involves a specific set of procedures and requires a special majority in both houses.
2. Removal of Judges:
   • Similarly, the Parliament is involved in the removal of judges of the High Court and Supreme Court. This process, governed by Articles 124 and 217 of the Constitution, includes the initiation of proceedings in either house, investigation by a committee, and a subsequent resolution passed by a special majority.

Other Functions:

1. State and Union Territory Boundaries:
   • The Parliament does have the power to alter the boundaries of states and Union Territories. However, this process usually involves constitutional amendments and is done in consultation with the concerned states or Union Territories.
2. Miniature Nation:
   • While the term “miniature nation” isn’t a formal designation, it is sometimes used to highlight the diverse representation in the Parliament, reflecting the diversity of the nation.
3. Discussion on National and International Issues:
   • The Parliament serves as a forum for discussing national and international issues. However, decisions on international matters, treaties, and agreements are typically taken by the executive, with parliamentary approval sought where necessary.

Two important organ of Parliament

Lok Sabha:

Composition:

• Maximum strength of members: 552.
• 530 members represent states, 20 members represent Union Territories.
• The President nominates 2 members from the Anglo-Indian community.

Representation:

• Members are directly elected by the people from constituencies within the states.
• Voting age is 18, reduced from 21 by the 61st constitutional amendment.
• Union Territories Act 1965 allows direct election for members from Union Territories.

Nomination:

• The President can nominate 2 members from the Anglo-Indian community.

Duration:

• Not a permanent body; formed for a term of 5 years.
• Can be dissolved by the President or automatically dissolved after its tenure.
• The term can be extended for 1 year in case of a national emergency.

Rajya Sabha:

Composition:

• Maximum strength of members: 250.
• 238 members elected indirectly, 12 nominated by the President.

Representation:

• Members elected by the elected members of State Legislative Assemblies.
• Proportional representation based on population.
• Representation allowed only for certain Union territories due to small populations.

Nomination:

• The President nominates members based on their expertise in fields like art, literature, science, or social service.

Duration:

• Permanent body; cannot be dissolved.
• One-third of members retire every year and can be re-elected or re-nominated.

System of Elections:

Lok Sabha:

• Territorial constituencies within states.
• Population-based delimitation of seats.
• Reservation of seats for Scheduled Castes and Scheduled Tribes.
• First Past-The-Post System (FPTP) used for elections.

Rajya Sabha:

• Proportional representation system.
• Single Transferable Vote (STV) used for elections.
• Allocation of seats based on the population of states.

Membership of Parliament:

• Must be a citizen of India.
• Age requirement: At least 30 years for Rajya Sabha, at least 25 years for Lok Sabha.
• Must be an elector for a Parliamentary constituency.

Disqualification:

• Under the Constitution: No office of profit, not a citizen of India, not disqualified under any parliamentary law.
• Under the Representation of People’s Act 1951: No conviction leading to imprisonment for over 2 years, not dismissed from government service for corruption, not found guilty of corrupt practices in elections, not punished for social crimes.
• Under grounds of Defection (Tenth Schedule): Disqualification for giving up party membership, abstaining from voting, or joining another political party.

Vacating of Seats:

• Double membership, disqualification, resignation, absence, other cases.

Salaries and Allowances:

• Determined by the Parliament, charged from the consolidated fund of India.

Role of President:

• Not a member of either house, does not sit in the Parliament.
• Assent required for bill passage, power to dissolve Lok Sabha, issue ordinances.
• Addresses, summons, and prorogues both houses.

Importance of Parliament:

• Engages in discussions on national and international matters.
• Facilitates diverse representation in law and policy creation.
• Acts as a “mini-nation” with broad responsibilities.
• No bill can pass without the President’s assent.

The recent challenges and proposed measures for improvement in Parliament functioning are also highlighted in the provided text. Understanding these details is crucial for those preparing for competitive exams like the UPSC.

Conclusion

1. Empowering MPs and Committees:
   • Suggests altering parliamentary rules to give Members of Parliament (MPs) additional power to confront the executive branch.
   • Advocates for granting committees significant influence over the formulation of new laws.
2. Concerns Raised by the Chief Justice of India:
   • Expresses the Chief Justice’s concern about the lack of academics and lawyers in the Parliament.
   • Encourages the legal industry and attorneys to broaden their horizons, take initiatives, and participate more actively in civic and social life.
3. Potential Alteration of Standing Orders:
   • Recommends the administration’s possible alteration of the standing orders for both Houses of Parliament, as stated in Article 118 of the Indian Constitution.
   • Aims to outline the appropriate course of action for rowdy members and ensure that parliamentary committees are informed of the measures.
4. Review of Anti-Defection Statute:
   • Highlights the rules and procedures of the House Review of Anti-Defection statute, as described in Article 118.
   • Proposes restricting the use of the whip to only no-confidence motions to encourage more open debates.
5. Transfer of Authority to Indian Election Commission:
   • Suggests transferring the speaker’s decision-making authority over the anti-defection bill to the Indian Election Commission, possibly to ensure impartiality.
6. Introduction of Legislative Impact Assessment:
   • Advocates for the government to introduce Legislative Impact Assessment for every legislative proposal.
   • Proposes a comprehensive examination of the social, economic, environmental, and administrative consequences to enhance public awareness and facilitate future legal research.
7. Creation of a New Legislation Committee:
   • Recommends the creation of a new Legislation Committee in the Parliament.
   • Envisions the committee overseeing and monitoring the coordination of legislative plans.
8. Formation of a Shadow Cabinet:
   • Draws parallels with Britain and suggests that India has the ability to create a shadow cabinet.
   • Aims to increase the influence of the opposition in the legislative process.

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