Parliament

Parliament

Overview

Parliament is the supreme legislative body of India, embodying the principle of representative democracy. Under Article 79, Parliament comprises the President, Lok Sabha (House of the People), and Rajya Sabha (Council of States). This tripartite structure reflects the federal character of Indian polity while maintaining parliamentary sovereignty.

For UPSC Prelims, questions test knowledge of composition, sessions, legislative procedures, budgetary powers, committees, and privileges. Students must master the interplay between the two Houses, the role of the President in legislative matters, and the nuances distinguishing Money Bills from ordinary Bills.

Understanding Parliament also connects directly to topics like Centre-State relations, constitutional amendments, and governance—making it foundational for both Prelims and Mains.

Key Concepts

• Bicameral Legislature: Lok Sabha represents the people directly (elected), while Rajya Sabha represents the States (elected indirectly by State Legislative Assemblies). This ensures both popular will and federal balance.
• Lok Sabha Composition: Maximum 552 members—530 from States, 20 from Union Territories, and 2 Anglo-Indians nominated by President (now discontinued after 104th Amendment, 2019). Current effective strength is 543.
• Rajya Sabha Composition: Maximum 250 members—238 elected by State/UT legislatures using single transferable vote, 12 nominated by President for expertise in literature, science, art, or social service. It is a permanent House; 1/3 members retire every 2 years.
• Sessions of Parliament: Three sessions typically—Budget Session (February-May), Monsoon Session (July-September), Winter Session (November-December). President summons sessions; gap between two sessions cannot exceed 6 months.
• Quorum: 1/10th of total membership of each House required to conduct business.
• Joint Sitting (Article 108): Convened by President to resolve deadlock on ordinary Bills. Not applicable to Money Bills or Constitution Amendment Bills. Presided by Lok Sabha Speaker.
• Dissolution: Only Lok Sabha can be dissolved (by President on PM's advice). Rajya Sabha is never dissolved. Normal Lok Sabha term is 5 years but can be extended during Emergency.
• Anti-Defection Law (Tenth Schedule): Disqualifies members who defect from party or vote against party whip. Decision by Speaker/Chairman; subject to judicial review.

Formulas / Key Facts

Critical Articles:

• Article 79: Constitution of Parliament
• Article 85: Sessions, prorogation, dissolution
• Article 108: Joint sitting
• Article 109: Money Bill procedure
• Article 110: Definition of Money Bill
• Article 112: Annual Financial Statement (Budget)
• Article 123: Ordinance-making power (related)

Budget Timeline: Budget must be passed before April 1 (start of financial year). Vote on Account allows temporary appropriation if full budget not passed.

Worked Examples

Example 1: Identifying Money Bills Question: Which of the following is NOT a Money Bill? (a) Appropriation Bill (b) Finance Bill (c) Bill imposing tax (d) Bill regulating borrowing by State governments

Solution: Article 110 defines Money Bill—deals with imposition/regulation of taxes, borrowing by Government of India, Consolidated Fund matters. Option (d) concerns State borrowing, not Union government borrowing. Answer: (d)

Example 2: Joint Sitting Scenario Question: In which situation can Joint Sitting NOT be called? (a) Ordinary Bill rejected by Rajya Sabha (b) Ordinary Bill pending for 6 months (c) Money Bill rejected by Rajya Sabha (d) Both Houses disagree on amendments

Solution: Joint sitting under Article 108 applies only to ordinary Bills when: rejected, not passed for 6 months, or disagreement on amendments. Money Bills cannot go to joint sitting—Rajya Sabha's role is merely recommendatory. Answer: (c)

Example 3: Rajya Sabha Powers Question: Which power is exclusive to Rajya Sabha? Solution: Two exclusive powers—(i) Article 249: Empower Parliament to legislate on State List matters in national interest (requires 2/3 majority); (ii) Article 312: Create new All-India Services (requires 2/3 majority). These reflect Rajya Sabha's role as federal chamber.

Common Mistakes

• Confusing prorogation with dissolution: Prorogation ends a session (Bills pending don't lapse in same House); dissolution ends Lok Sabha's term (all pending Bills lapse except Bills pending in Rajya Sabha that Lok Sabha has not passed). Fix: Prorogation = session end; Dissolution = House end.
• Assuming Rajya Sabha has no role in Money Bills: Rajya Sabha can suggest amendments within 14 days, but Lok Sabha may accept or reject them. Fix: Rajya Sabha participates but cannot block Money Bills.
• Thinking Speaker votes in all situations: Speaker normally does not vote; exercises casting vote only in case of tie. Fix: Casting vote only, not regular vote.
• Believing all Bills need Presidential assent equally: President may assent to or withhold assent from Money Bills but cannot return them; can return ordinary Bills once; Constitution Amendment Bills must be assented without return. Fix: Different Bills have different assent procedures.
• Confusing question hour and zero hour: Question Hour is first hour with listed questions (starred/unstarred); Zero Hour starts at noon for raising matters without prior notice. Fix: Question Hour = formal, Zero Hour = informal.

Quick Reference

• Parliament = President + Lok Sabha + Rajya Sabha (Article 79)
• Lok Sabha: 543 members, 5-year term, age 25+, Speaker presides
• Rajya Sabha: 250 maximum, permanent House, age 30+, Vice-President chairs
• Money Bill: Only in Lok Sabha; Rajya Sabha has 14 days to suggest
• Joint Sitting: Ordinary Bills only; presided by Speaker; simple majority decides
• Parliamentary Privileges: Article 105 (freedom of speech, immunity from court proceedings for proceedings in House)