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The Composition Of Indian Parliament

The Parliament is the supreme legislative organ in India. As per Article 79, Parliament consists of the President, Rajya Sabha and Lok Sabha.

What is composition of Rajya Sabha ?

As per Article 80, the Rajya Sabha consists of 12 members nominated by the President having special knowledge or practical experience in literature, science, art and social service and 230 elected representatives from States and Union Territories. Elected members of Rajya Sabha are elected in accordance with proportional representation by single transferrable vote.

Rajya Sabha is a permanent body. Around one/third of its members retire every 2nd year.  Until 2003, a citizen could only contest election for Rajya Sabha seat of a state if he/she was an elector from any parliamentary constituency in that state.  After amendment in Representation of People Act, 1951 in 2003, an elector from any parliamentary constituency in India can contest election from any Rajya Sabha seat.   This amendment has been challenged in Kuldip Nayar Vs. Union of India (2006)7SCC1 on the ground that it violates the basic feature of federalism. This amendment was held valid by the Supreme Court.

What is relevance of Rajya Sabha ?

Rajya Sabha members represent states as such they promote federalism. Rajya Sabha has equal powers in passing of bills except money bill. Rajya Sabha has some special powers also:

  • Under Article 312, All India Services can only be created if a resolution has been passed by Rajya Sabha with 2/3rd majority of members present and  voting.
  • Under Article 249, if the Rajya Sabha passed resolution by 2/3 majority of members present and voting that Parliament should make laws on subjects in State List in national interest, Parliament can make law on subjects in State List.
  •  If during proclamation of emergency, Lok Sabha is dissolved, proclamation can remain effective even if approved by Rajya Sabha.

Chairman & Deputy Chairman

The Vice President is ex-officio chairman of Rajya Sabha. The Rajya Sabha also chooses a member of Rajya Sabha as Deputy Chairman.

Office of Deputy Chairman can be vacated in following ways:

  • If deputy chairman ceases to be member of Rajya Sabha
  • If deputy chairman can resign his office by writing to the Chairman
  • Deputy chairman can be removed by the Rajya Sabha by resolution passed by majority of members after giving 14 days notice.

When office of Chairman is vacant or when Vice President is discharging function of President, the duties of office are performed by Deputy Chairman. If office of Deputy Chairman is also vacant duties of office are performed by member appointed by the President.

The Chairman or Deputy Chairman can not preside while a resolution for his removal from office is under consideration. The Chairman or the Deputy Chairman, as the case may be, can speak and vote on the resolution, but they can not vote in case of equality of votes.

What is composition of Lok Sabha ?

Article 81 provides for composition of Lok Sabha. Lok Sabha consists of maximum 530 members chosen by direction election form territorial constituencies from states and 20 members from Union Territories. 

Lok Sabha continues for five years until sooner dissolved. Parliament can extend duration of Lok Sabha at a time for one year during proclamation of emergency. Parliament can not extend duration of Lok Sabha beyond six months after the proclamation of emergency has ceased to operate.

Speaker and Deputy Speaker

The Lok Sabha chooses two members of Lok Sabha as Speaker and Deputy Speaker.

Office of Speaker is vacated in following ways:

  • If he ceases to be a member of the Lok Sabha
  • The Speaker can resign by writing to the Deputy Speaker and the Deputy Speaker can resign by writing to the Speaker
  • Speaker can be removed from his office by a resolution of Lok Sabha by majority of members after giving fourteen days notice.

When Lok Sabha is dissolved, the Speaker can not vacate his office until immediately before the first meeting of the Lok Sabha after dissolution.

While the office of the Speaker vacant, duties of speaker are performed by the Deputy Speaker. When office of Deputy Speaker is also vacant, the duties of of speaker is performed by member appointed by the President.

The Speaker or the Deputy Speaker can not preside while a resolution for his removal is under consideration. The Speaker or the Deputy Speaker, as the case may be, can speak and vote on the resolution, but they can not vote in case of equality of votes.

What are qualifications of Members of Parliament ?

A person is eligible for being of a member of Parliament:

  • If he/she is citizen of India
  • If he/she make and subscribe an oath or affirmation expressing his true faith and allegiance to the constitution and upholding the sovereignty and integrity of India
  • If he/she is not less than 30 years of age in case of Rajya Sabha and 25 years of age in case of Lok Sabha
  • If he/she is possessing such other qualifications as may be prescribed by Parliament

How Salary of Speaker, Deputy Speaker, Chairman and Deputy Chairman are fixed ?

Chairman, Deputy Chairman of Rajya Sabha and Speaker and Deputy Speaker of Lok Sabha are paid such salaries and allowances as fixed by Parliament by law.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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