Understanding the Indian Parliament: Structure, Roles, and Key Constitutional Provisions

The Indian Parliament, the nation's primary legislative body, consists of three components: the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

Understanding the Indian Parliament: Structure, Roles, and Key Constitutional Provisions

The President holds a crucial position within this framework, as no bill can become law without their assent. Additionally, the President has the power to convene or dissolve parliamentary sessions and deliver addresses to both houses on designated occasions.

Composition and Structure

The Lok Sabha can have a maximum of 550 members, with 530 elected from the states and 20 from the union territories. The Rajya Sabha has an upper limit of 250 members, comprising 238 members elected indirectly from the states and union territories, and 12 members nominated by the President. The allocation of Rajya Sabha seats to each state and union territory is detailed in the Fourth Schedule of the Constitution.

According to Article 83(2), the Lok Sabha has a term of five years from the date of its first sitting. However, this term can be extended by Parliament in one-year increments during a national emergency. The President also holds the power to dissolve the Lok Sabha earlier, based on the Prime Minister's recommendation. On the other hand, as per Article 83(1), the Rajya Sabha is a permanent body and is not subject to dissolution; instead, one-third of its members retire every two years.

Qualifications and Disqualifications

As per Article 84 of the Constitution, a candidate contesting for the Lok Sabha must be an Indian citizen, at least 25 years old, and a registered voter in any parliamentary constituency. For seats reserved for Scheduled Castes or Scheduled Tribes, the candidate must belong to the respective community. For the Rajya Sabha, the minimum age requirement is 30 years, and candidates must be registered voters in a parliamentary constituency.

Disqualifications are outlined in Article 102(1), which includes holding an office of profit under the government without exemption by law, being declared of unsound mind by a competent court, being an undischarged insolvent, acquiring foreign citizenship or showing allegiance to a foreign state, or disqualification under any law enacted by Parliament. Furthermore, Article 102(2) disqualifies members under provisions of the Tenth Schedule, which deals with defection.

Anti-Defection Law

Enacted in 1985, the Anti-Defection Act provides for the disqualification of legislators who voluntarily resign from their party or act contrary to the party's official directives during voting. It also applies to independent members who join a political party after being elected, as well as nominated members who align with a party after six months of their nomination. The authority to decide on disqualification under this law lies with the Speaker in the Lok Sabha and the Chairman in the Rajya Sabha.

Presiding Officers

Under Article 93, the Lok Sabha is required to elect a Speaker and a Deputy Speaker. If either position becomes vacant, the House must hold a fresh election to fill the post. The Speaker continues to hold office even after the dissolution of the Lok Sabha, until a successor is elected. In the Speaker's absence, the Deputy Speaker presides over the sessions.

According to Article 89(1), the Vice President of India acts as the ex-officio Chairman of the Rajya Sabha. Article 89(2) stipulates that the Rajya Sabha must elect a Deputy Chairman as needed. The removal of these presiding officers can be carried out through resolutions passed by the respective house with the required majority.

Panel of Chairpersons

The Lok Sabha maintains a panel of up to ten chairpersons, appointed by the Speaker, to preside over sessions in the absence of the Speaker or Deputy Speaker. Likewise, the Rajya Sabha has a group of Vice-Chairpersons nominated by the Chairman to perform similar responsibilities. These panels help maintain seamless functioning and leadership continuity during absences or vacancies.

In cases involving the disqualification of members under Article 103, the matter is referred to the President of India. The President's decision is final and is made after seeking the opinion of the Election Commission.