Parliament of India – Structure and Functioning

Introduction

The Parliament is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the President and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). It plays a pivotal role in enacting laws, overseeing the executive, and representing the will of the people.

Organization and Composition (Part V: Article 79 - 122)

Article 79 provides for a Parliament consisting of the President and the two houses.
Lower House is called the House of the People (Lok Sabha). Lok Sabha (LS) represents the people of India as a whole.
Upper House is called the Council of States (Rajya Sabha). The Rajya Sabha (RS) represents the states and union territories of India.
The President is a part of the Legislature but he is not a member of either House of Parliament. He performs important legislative functions like summoning and proroguing sessions, dissolving the Lok Sabha, and assenting to bills.
Since the GoI Act, 1919, the central legislature has been a bi-cameral body consisting of a Lower House (Lok Sabha) and an Upper House (Rajya Sabha).

Qualifications and Disqualifications for Members of Parliament

Qualifications:

To be qualified to become a Member of Parliament a person must be:
- A citizen of India.
- Not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
- A voter for any parliamentary constituency in India.
Additional Qualification (Representation of the People Act, 1951): Must be registered as an elector for a parliamentary constituency. For Rajya Sabha, generally, a candidate must be an elector in the state from which he is contesting (though this provision was removed in 2003, allowing individuals from any state to contest RS elections from another state).

Disqualifications (Value Addition):

If he holds any office of profit under the Union or state government (except as permitted by Parliament).
If he is of unsound mind and stands so declared by a court.
If he is an undischarged insolvent.
If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state.
If he is disqualified by or under any law made by Parliament (e.g., Representation of the People Act, 1951 - includes conviction for certain offenses, election malpractices, failure to lodge election expenses, etc.).
Disqualification on ground of Defection (Tenth Schedule, 52nd Amendment Act, 1985): If a member voluntarily gives up membership of his political party, or votes/abets from voting contrary to party direction, or an independent member joins a political party, or a nominated member joins a political party after six months. The presiding officer decides on disqualification.

Sessions of Parliament (Article 85)

Session, Summoning, Prorogation, and Dissolution

The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its sitting in the next session. This implies Parliament must meet at least twice a year.
The President may from time to time:
- Prorogue the Houses or either House (terminates a session).
- Dissolve the House of the People (Lok Sabha).

Sessions of the Parliament:

A session of Indian Parliament is the time period during which a House meets almost every day continuously to transact business.
There are usually three sessions in a year:
- The Budget Session (February to May) - Longest session.
- The Monsoon Session (July to September)
- The Winter Session (November to December) - Shortest session.
A session contains many meetings. Each meeting has two sittings – morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
A sitting of Parliament can be terminated by adjournment, adjournment sine die, prorogation, or dissolution.
The period between the prorogation of a House and its reassembly in a new session is called 'recess'.

Adjournment:

An adjournment suspends the work in a sitting for a specified time, which may be hours, days, or weeks.
In this case, the time of reassembly is specified.
An adjournment only terminates a sitting and not a session of the House.
The power of adjournment lies with the presiding officer of the House.

Adjournment Sine Die:

Adjournment sine die means terminating a sitting of Parliament for an indefinite period.
In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
The power of adjournment sine die lies with the presiding officer of the House.

Prorogation:

Prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
Prorogation terminates both the sitting and session of the House.
Usually, within a few days after the House is adjourned sine die by the presiding officer, the President issues a notification for the prorogation of the session.
However, the President can also prorogue the House while in session.
It does not affect the bills or any other business pending before the House.

Dissolution:

Dissolution ends the very life of the existing House (Lok Sabha only), and a new House is constituted after general elections are held.
Rajya Sabha being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution.
The dissolution of the Lok Sabha may take place in either of two ways:
- Automatic Dissolution: On the expiry of its tenure – five years or the terms as extended during a national emergency.
- Order of President: If President is authorized by CoM he can dissolve Lok Sabha, even before the end of the term. He may also dissolve Lok Sabha if CoM loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.
When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions, and so on pending before it or its committees lapse. (Important exception: A bill passed by both Houses but pending President's assent does not lapse).

Important Offices

Speaker of Lok Sabha:

The House of the People is presided over by the Speaker who is elected by the House from among its own members.
He has to discharge his responsibilities as a presiding officer. He brings detachment and objectivity to bear upon all his decisions.
He presides over the meetings of the House. He adjourns the House or suspends its meeting if there is no quorum.
Article 94 (c) provides for the removal of the Speaker by a resolution of the House passed by a majority of all the then members of the House. Such a resolution can only be moved after giving 14 days' advance notice.
The Speaker's decision on whether a bill is a Money Bill is final.
He presides over the joint sitting of the two Houses of Parliament (Article 108).
He is the guardian of the powers and privileges of the members, the House as a whole, and its committees.
He acts as the ex-officio chairman of the Indian Parliamentary Group.
He is the administrative head of the Lok Sabha Secretariat.
In the absence of the Speaker, the Deputy Speaker performs his duties.

Deputy Speaker of Lok Sabha:

The Deputy Speaker presides over the House in the absence of the Speaker and is elected in the same manner in which the Speaker is elected by the House.
He can be removed from office also in the same manner as the Speaker.
When he sits in the seat of the Speaker, he has all the powers of the Speaker and can perform all his functions. One of his special privileges is that when he is appointed as a member of a Parliamentary Committee, he automatically becomes its Chairman.
By virtue of the office that he holds, he has a right to be present at any meeting of any Committee if he so chooses and can preside over its deliberations. His rulings are generally final in any case, so far as they are related to the matter under discussion, but the Speaker may give guidance in the interest of uniformity in practice. Whenever the Deputy Speaker is in doubt, he reserves the matter for the ruling of the Speaker.
The Deputy Speaker, however, is otherwise like any ordinary member when the Speaker presides over the House. He may speak like any other member, maintain his party affiliation, and vote on propositions before the House as any ordinary member.
The Deputy Speaker is entitled to a regular salary.

Chairman and Deputy Chairman of the Council of States (Rajya Sabha):

While presiding officers of the Lok Sabha are called the Speaker and the Deputy Speaker, their opposite officers in the Council of States are called the Chairman and the Deputy Chairman respectively.
The Vice-President of India is the ex-officio Chairman of the Council of States. As the presiding officer of the Rajya Sabha, his functions and powers are the same as those of the Speaker. He is however not a member of the House.
Duties of the Chairman:
- In the absence of the Chairman, the Council is presided over by the Deputy Chairman. He is a member of the House and is elected by the members of the House. When he ceases to be a member of the Council, he automatically vacates the office of the Deputy Chairman. He can resign his office by writing to the Chairman.
- The Deputy Chairman is empowered to discharge all functions and perform all duties of the office of the Chairman whenever Chairman's office is vacant or when the Vice-President is acting as President.
- As a presiding officer of the Council, he is also given a regular salary and other allowances that Parliament by law has fixed. The Council of States also has a panel of members, called Vice Chairman, nominated by the Chairman for presiding over the House in absence of both Chairman and Deputy Chairman.
Removal: He may be removed from his office by a resolution passed by a majority of all members of the Council.

Leaders in Parliament

Leader of the House:

The Leader of the House in the Lok Sabha is the prime minister if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House.
Similarly, there is a Leader of the House in the Rajya Sabha, who is a minister and a member of the Rajya Sabha, nominated by the prime minister.
The Leader of the House is a key figure who manages the government's legislative agenda and business in the House.

Leader of the Opposition:

In each House of Parliament, there is a Leader of the Opposition. The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognized as the Leader of the Opposition in that House.
In a parliamentary system of government, the leader of the opposition plays a significant role by providing constructive criticism of the government's policies and offering an alternative government.
The leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977. They are entitled to salary, allowances, and other facilities equivalent to that of a cabinet minister.
The official leader of the opposition was first recognized in 1969. In the USA, this functionary is known as the minority leader.

Whip:

The offices of the Leader of the House and the leader of the Opposition are not mentioned in the Constitution of India but are mentioned in the Rules of the House and Parliamentary Statute respectively. The office of whip, however, is not mentioned in the Constitution, Rules of the House, or Parliamentary Statute. It is based on parliamentary government conventions.
Every political party, whether ruling or opposition, has its own whip in Parliament. The whip is appointed by the political party to serve as an assistant floor leader, ensuring party members' attendance and securing their support on issues. The whip regulates and monitors members' behavior in Parliament, and members are expected to follow the whip's directives, or face disciplinary action.

Legislative Procedure in Parliament

The legislative procedure is identical in both Houses of Parliament. Every bill must pass through the same stages in each House. A bill is a proposal for legislation and becomes an act or law when duly enacted.

Types of Bills:

Bills introduced in Parliament can be classified into four categories:

Ordinary Bills: Concerned with any matter other than financial subjects and constitutional amendments.
Money Bills (Art 110): Concerned with financial matters like taxation and public expenditure.
Financial Bills (Art 117): Concerned with financial matters but different from money bills. These are of two types: Financial Bill Category I (Article 117(1)) and Financial Bill Category II (Article 117(3)).
Constitution Amendment Bills: Concerned with amending constitutional provisions (Article 368).

Passing of Ordinary Bill:

An Ordinary Bill may originate in either House of Parliament. When passed by both Houses and signed by the President, it becomes law. It can be introduced by a minister or any other member. If introduced by a non-minister, it is called a Private Member's Bill, requiring a one-month notice. Ordinary Bills pass through three stages in the originating House:

First Reading: Discussion of the Bill's principles and provisions without amendments. Generally, just introduction of the bill along with its title and objectives. No voting takes place.
Second Reading (Clause by Clause Consideration): The Bill is referred to a committee for detailed examination and amendments. This stage involves general discussion, committee stage (where a select committee or joint committee examines it), and consideration stage (clause-by-clause discussion and voting).
Third Reading (Passing of the Bill): The Bill is ready for voting. Only a simple majority is required. No amendments are allowed except for verbal changes.

In the second House, the Bill passes through all stages except introduction. The second House may pass the Bill without amendment, with amendment, or reject it. If disagreement persists, the President may summon a joint sitting to resolve the deadlock (Art.108). The Lok Sabha, due to its larger numerical strength, usually dominates joint sittings.

President's Assent (Ordinary Bill): Once passed by both Houses, it is presented to the President. The President can:

Give assent (bill becomes an Act).
Withhold assent.
Return the bill for reconsideration (suspensive veto). If Parliament passes it again with or without amendments, the President must give assent.

Passing of Money Bill (Article 110):

Parliament has the sole power to authorize expenditure for specified purposes.
Speaker decides whether a Bill is a Money Bill, and this decision is final.
A Money Bill can only be introduced in the Lok Sabha with the President's prior recommendation.
After passing the Lok Sabha, it is sent to the Rajya Sabha for recommendations, which must be returned within 14 days.
The Lok Sabha may accept or reject these recommendations. If not returned within 14 days, it is deemed passed by both Houses.
The President may give or withhold assent, but refusal is improbable as the Bill is introduced on the President's recommendation.
There is no provision for a joint sitting for Money Bills.
The Lok Sabha's decision is final on Money Bills.

Financial Bills (Article 117):

Under Article 117, a Financial Bill contains provisions of general legislation along with one or more matters mentioned in Art.110. There are three types of Financial Bills:

Money Bills: Contain provisions of a Money Bill plus other matters (Article 110). These are a specific type of Financial Bill, subject to the strict rules of Article 110.
Financial Bills Category I (Article 117(1)): Deals with matters mentioned in Article 110 (Money Bill matters) AND other matters of general legislation. Can only be introduced in Lok Sabha and on President's recommendation. All other procedures are like Ordinary Bills, including joint sitting for deadlock.
Financial Bills Category II (Article 117(3)): Contains provisions involving expenditure from the Consolidated Fund of India, but not any of the matters in Article 110. Can be introduced in either House and does not require President's recommendation for introduction. However, it cannot be passed by either House unless the President has recommended its consideration. All other procedures are like Ordinary Bills, including joint sitting.
Bills involving Expenditure: Deal with matters mentioned in Art 110(1) regarding Money Bills and other matters. (This seems to be a general description rather than a distinct category in the source).

Constitutional Amendment Bills (Value Addition):

Deals with amendment of the Constitution (Article 368).
Can be introduced in either House, and does not require President's prior recommendation.
Requires a special majority (majority of total membership of the House and a majority of not less than two-thirds of the members present and voting) in each House.
If it affects federal provisions, it also requires ratification by half of the state legislatures by a simple majority.
There is no provision for a joint sitting in case of disagreement.
President must give assent to the Bill (24th Amendment Act, 1971). He cannot withhold or return the bill.

Lapsing of Bills (Article 107)

Article 107 enumerates conditions under which a Bill may lapse:

A bill pending in the Lok Sabha lapses. (If introduced in LS and pending, or if passed by RS but pending in LS).
A bill passed by the Lok Sabha but pending in Rajya Sabha lapses.
A bill not passed due to disagreement and if a joint sitting is notified before Lok Sabha dissolution does not lapse (i.e., it lapses if joint sitting is not notified before dissolution).
A bill pending in Rajya Sabha but not passed by Lok Sabha does not lapse (since Rajya Sabha is a continuous body).
A bill passed by both Houses but pending President's assent does not lapse.
A bill returned by the President for reconsideration does not lapse.

Other Terms Related to Parliamentary Functioning

Quorum (Article 100):

The minimum number of members whose presence is essential to transact the business of the House.
Article 100 provides that the quorum of either House shall be one-tenth of the total number of members of the House. If there is no quorum, the presiding officer either adjourns the House or suspends the meeting until there is a quorum.

Question Hour:

The day's business normally begins with the Question Hour during which questions asked by the members are answered by the Minister.
The different types of questions are:
- Starred Question: It is one for which an oral answer is required to be given by the Minister on the floor of the House. Supplementary questions may be asked based on the Minister's reply. Marked with an asterisk (*).
- Unstarred Question: It is one for which the Minister lays on the table a written answer. A 15-day notice has to be given to ask such questions and no supplementary questions can be asked with regard to such questions.
- Short Notice Question: This type of question can be asked by members on matters of public importance of an urgent nature. It is for the Speaker to decide whether the matter is of urgent nature or not. The member has also to state reasons for asking the question while serving notice. Answered orally after a shorter notice than 10 days.

Zero Hour (Value Addition):

This period follows the 'Question Hour' and it normally begins at noon. Usually, the members use this period to raise various issues for discussion.
It is an Indian parliamentary innovation and does not find mention in the Rules of Procedure.

Motions:

Cut Motions:

A motion that seeks reduction in the amount of a demand by the government is known as a cut motion. Such motions are admitted at the speaker's discretion. It is a device through which members can draw the attention of the government to a specific grievance or problem. There are three types of cut motions:

Disapproval of Policy Cut: Which is to express disapproval of the policy underlying a particular demand, says that 'the amount of the demand be reduced to Re. 1'.
Economy Cut: Economy Cut refers to a cut motion which seeks to reduce the demand by a specific sum with a view to affecting the economy in the expenditure.
Token Cut: A device to ventilate specific grievances within the sphere of the government's responsibility. The grievance has to be specified. Usually, the motion is in the form, "The amount of the demand is reduced by Rs. 100".

Calling Attention Motion:

With prior permission of the speaker, a member may call the attention of a Minister to any matter of urgent public importance. The Minister may make a brief statement regarding the matter or ask for time to make a statement.
It is an Indian innovation and finds mention in the Rules of Procedure.

Privilege Motion:

It is a motion moved by a member if he feels that a minister has committed a breach of privilege of the House or of any one or more of its members by withholding facts of a case or by giving a distorted version of facts.

Censure Motion:

It differs from a no-confidence motion in that the latter does not specify any ground on which it is based, while the former has to mention the charges against the government for which it is being moved.
A censure motion can be moved against the Council of Ministers or an individual minister for failing to act or for some policy. Reason for the censure must be precisely enumerated.
The speaker decides whether or not the motion is in order and no leave of the House is required for moving it.
The Government may at its discretion fix a date for the discussion of the motion. If the motion is passed in the Lok Sabha, the Council of Ministers is expected to resign. (This last point is crucial: if a censure motion is passed, it signifies loss of confidence and the government usually resigns, though it's not constitutionally mandated like a no-confidence motion).

No-Confidence Motion (Value Addition):

Article 75(3) states that the Council of Ministers shall be collectively responsible to the Lok Sabha.
A no-confidence motion can only be moved in the Lok Sabha.
It needs the support of 50 members to be admitted.
If passed, the entire Council of Ministers (including those from Rajya Sabha) must resign.
It does not require any specific grounds for moving.

Guillotine:

On the last of the allotted days at the appointed time, the speaker puts every question necessary to dispose all the outstanding matters in connection with the demands for grants. This is known as guillotine. The guillotine concludes the discussion and demands for grants.

Financial Procedure (Value Addition):

Annual Financial Statement: Budget (Art. 112)

The term 'Budget' is not used in the Constitution but refers to the 'Annual Financial Statement' in Article 112. The budget is a statement of estimated receipts and expenditure for a financial year, beginning on April 1 and ending on March 31.
The Budget goes through six stages in Parliament: Presentation, General Discussion, Scrutiny by Departmental Committees, Voting on Demands for Grants, Passing of Appropriation Bill, Passing of Finance Bill.

Vote on Account (VoA):

The Union Budget is a projected income and expenditure statement for the coming year. As per the Constitution, all revenue received and loans raised by the Union government are placed in the Consolidated Fund of India (CFI).
Article 266 mandates Parliamentary approval to draw money from the CFI.
The Budget must be approved before the new financial year begins. If not, a "Vote on Account" allows the government to withdraw money from CFI for day-to-day functions until the Budget is passed (Article 116). This is typically for two months and covers only expenditure, not receipts.

Demand for Grants:

On the President's recommendation, expenditure estimates (other than those charged on the Consolidated Fund of India) are presented to the Lok Sabha as demands for grants.
Under Article 113, the Lok Sabha can assent to, reject, or reduce any demand.
These demands are not presented to the Rajya Sabha, though a general budget debate occurs there.
Charged expenditure (e.g., salaries of President, Judges of SC/HC, CAG) is non-votable by Parliament but can be discussed. Votable expenditure is subject to voting.

Appropriation Bill (Article 114):

According to Article 114, when demands for grants are voted, the Appropriation Bill authorizes fund withdrawal from the Consolidated Fund of India for votable and charged items.
No amendments can be proposed as it would alter decided amounts.
The budget consists of charged expenditure (non-votable) and 'made' expenditure (votable).
The Appropriation Bill becomes an Act only after the President's assent.

Other Grants:

In addition to the budget containing ordinary income and expenditure estimates for one financial year, Parliament makes various other grants under extraordinary circumstances:

Supplementary Grant: Granted when authorized funds for a service are insufficient for the current financial year.
Additional Grant: Granted for additional expenditure on new services not contemplated in the budget.
Excess Grant: Granted when money spent on a service exceeds budgeted amounts. Voted by Lok Sabha after the financial year and approved by the Public Accounts Committee.
Vote of Credit: Granted for meeting an unexpected demand on the resources of India, when the need cannot be stated with the details ordinarily given in a budget. It is like a blank check given to the executive by the Lok Sabha.
Exceptional Grant: Granted for a special purpose and forms no part of the current service of any financial year.
Token Grant: Granted when funds for a new service can be met by reappropriation from savings within the existing grants. Approval of the House is taken for transfer of funds.

Houses of the Parliament: Detailed Composition

Rajya Sabha (Council of States):

The Rajya Sabha is the permanent upper House and not subject to dissolution.
It is composed of not more than 250 members.
Out of these, 238 are to be the representatives of the States and the Union Territories and 12 are to be nominated by the President.
Persons to be so nominated are required to have special knowledge or practical experience in respect of literature, science, art, or social service (Article 80(3)).
The object of this nomination is to provide distinguished persons a place in the Rajya Sabha without going through the process of election.
Election: The representatives of the States are elected indirectly by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of a single transferable vote.
One-third of its members retire every two years, and elections are held for the vacant seats.

Lok Sabha (House of the People):

The maximum strength of Lok Sabha is 552 (originally 552: 530 from states, 20 from union territories, and 2 nominated from the Anglo-Indian community). Currently, the strength is 543 (524 from states, 19 from UTs) as the provision for Anglo-Indian nomination was removed by the 104th Amendment Act, 2019.
The Constitution prescribes the numbers of seats in the Lok Sabha to be divided between the States and the Union Territories.
The allocation of seats in the Lok Sabha to a particular state and division of each state into territorial constituencies is done on the recommendation of the Delimitation Commission (Art. 82), which is appointed after the completion of each census.
By 42nd Amendment Act, 1976, the allocation and division had been frozen till the year 2000.
By 87th Amendment Act, 2003, it has been laid down that the allocation of seats to a State shall remain frozen till 2026. This means seats will be readjusted based on the 2026 census.
The division of the State into territorial constituencies shall be done on the basis of the census figures of 2001 census.
Members are directly elected by the people on the basis of universal adult franchise.
The normal term of Lok Sabha is 5 years, unless dissolved earlier.

Key Takeaways for UPSC Aspirants

Thoroughly understand Part V (Articles 79-122) of the Constitution.
Clearly distinguish between Lok Sabha and Rajya Sabha in terms of composition, election, term, and powers.
Master the concepts of Summoning, Prorogation, Adjournment, and Dissolution – particularly their impact on pending business.
Understand the specific roles and powers of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman.
Differentiate between Ordinary, Money, Financial (I & II), and Constitutional Amendment Bills, focusing on their introduction, passage procedure, and presidential assent. Note the exceptions like joint sittings.
Familiarize yourself with parliamentary terms: Quorum, Question Hour (types of questions), Zero Hour, and various motions (Cut, Calling Attention, Privilege, Censure, No-Confidence, Guillotine).
Pay special attention to financial procedures: Budget (Annual Financial Statement), Vote on Account, Demands for Grants, Appropriation Bill, and various types of grants.
Remember the impact of important amendments like the 42nd (frozen seats), 87th (delimitation base), and 104th (Anglo-Indian nomination removal).
Focus on the **lapsing of bills** rules, as they are often tricky.