PARLIAMENT

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PARLIAMENT

The Parliament of India, as established by the Constitution of India, stands as the supreme legislative authority of the Union. Its bicameral structure, comprising the Rajya Sabha (Council of States) and the Lok Sabha (House of the People), plays a critical role in shaping national policies and governance. This essay delves into the detailed composition, functions, and procedural aspects of the Indian Parliament, informed by the pertinent constitutional provisions.

1. Composition of Parliament

Article 79 of the Constitution provides the framework for the Indian Parliament, describing it as a bicameral entity consisting of the President and two Houses: the Rajya Sabha and the Lok Sabha. This structure is designed to balance state and national interests through dual representation.

Rajya Sabha (Council of States)

• Article 80 prescribes the composition and appointment of Rajya Sabha members:

o Article 80(1): The Rajya Sabha can have up to 250 members.

o Article 80(2): Of these, 238 members are elected by the Legislative Assemblies of States and Union Territories, ensuring that representation is proportionate to the population of each region. This electoral mechanism helps maintain a balance between states of varying sizes and political weight.

o Article 80(3): The President has the authority to nominate 12 members with distinguished expertise in literature, science, art, and social service. This provision is intended to bring specialized knowledge and diverse perspectives into the legislative process, enriching parliamentary debates and decision-making.

Lok Sabha (House of the People)

• Article 81 governs the composition of the Lok Sabha:

o Article 81(1): The Lok Sabha shall consist of up to 545 members.

o Article 81(2): Of these, 543 members are elected directly by the Indian electorate through general elections. This direct electoral process ensures that representatives are accountable to their constituents and reflective of the democratic will of the people.

o Article 81(3): The President may nominate up to 2 members from the Anglo-Indian community if it is deemed that this community is not adequately represented. However, this provision was abolished by the 104th Amendment Act, 2019, which removed special representations.

2. Readjustments After Each Census

The principle of delimitation ensures that the distribution of parliamentary seats is periodically updated to reflect demographic changes:

• Article 82 mandates the readjustment of constituencies based on each Census. This process involves re-drawing electoral boundaries to ensure fair and equitable representation across states and regions. The Delimitation Commission, appointed by the President, is tasked with this crucial responsibility, aiming to balance constituencies according to the latest population data.

• Article 170 similarly requires the re-adjustment of the number of seats in the State Legislative Assemblies after each Census. This adjustment helps maintain a consistent and fair representation within state legislatures, mirroring the adjustments made for the Lok Sabha.

3. Duration of Houses of Parliament

The duration and continuity of the Rajya Sabha and Lok Sabha are defined under Article 83:

• Article 83(1): The Rajya Sabha is established as a permanent body that is not subject to dissolution. Its members serve terms of 6 years, with one-third of the members retiring every two years. This staggered retirement ensures the continuity and institutional memory of the Rajya Sabha while allowing for periodic infusion of new members.

• Article 83(2): In contrast, the Lok Sabha has a term of 5 years. The President, on the advice of the Prime Minister, may dissolve the Lok Sabha earlier, prompting new general elections. This provision provides flexibility to respond to changing political circumstances and voter sentiment.

4. Qualification for Membership

The qualifications for membership in each House of Parliament are designed to ensure that candidates possess the necessary experience and maturity:

• Article 84 specifies the qualifications for the Lok Sabha:

o A candidate must be at least 25 years of age.

o Must be a citizen of India.

o Must not hold any office of profit under the Government.

• Article 84 also applies to the Rajya Sabha:

o A candidate must be at least 30 years of age.

o Must be a citizen of India.

o Must not hold any office of profit under the Government.

These age and citizenship requirements are intended to ensure that members have sufficient experience and are capable of performing their legislative duties effectively.

5. Session of Parliament

The Parliament operates through distinct sessions, each with specific functions and timelines:

• Article 85 governs the summoning, prorogation, and dissolution of Parliament:

o Article 85(1): The President is responsible for summoning Parliament at least twice a year. This ensures that Parliament meets regularly to conduct its legislative business.

o Article 85(2): Prorogation involves ending a session of Parliament without dissolving it. This allows for a break between sessions and preparation for subsequent ones.

o Article 85(3): The President may dissolve the Lok Sabha, concluding its term and leading to new elections. This mechanism allows the formation of a new Lok Sabha based on recent electoral outcomes.

Types of Sessions:

• Budget Session: Typically held from February to May, this session focuses on the presentation and discussion of the national Budget and related financial matters.

• Monsoon Session: Generally from July to September, this session addresses legislative business and national issues not covered during the Budget Session.

• Winter Session: Usually from November to December, this session deals with remaining legislative matters and ongoing discussions.

6. Prorogation and Dissolution

The procedures for prorogation and dissolution are critical to the legislative process:

• Article 85 outlines these procedures:

o Prorogation: Ends a session of Parliament without dissolving the entire body, allowing Parliament to reconvene in a new session without reconstitution.

o Dissolution: Specifically applies to the Lok Sabha. As per Article 85(2), dissolution terminates the Lok Sabha's term, necessitating new elections. This provision enables Parliament to be reconstituted in line with current political realities and public opinion.

7. Right of President to Address and Send Messages to Houses

The President of India holds significant rights related to addressing and communicating with Parliament:

• Article 86 provides the President with the authority to address both Houses of Parliament at the commencement of each annual session and after a general election. This address is a platform for outlining the government's agenda, priorities, and legislative plans, setting the direction for the parliamentary session.

• Article 86(2) grants the President the power to send messages to either House of Parliament. These messages may include information about legislative proposals, bills, or other significant matters, facilitating effective communication between the executive and legislative branches.

8. Special Address by the President

Article 87 permits the President to deliver a special address to a joint session of both Houses of Parliament on significant national occasions or to highlight critical issues. This address provides an opportunity for the President to underscore key achievements, challenges, and future directions, reinforcing the government's vision and priorities.

9. Rights of Ministers and Attorney General as Respects Houses

Ministers:

• Article 75 details the role of Ministers, including their appointment by the President and collective responsibility to the Lok Sabha. Ministers have the right to attend and participate in both Houses of Parliament, engaging in debates and addressing issues pertinent to their portfolios. This ensures that the executive remains accountable to the legislative body.

Attorney General:

• Article 88 grants the Attorney General of India the right to attend both Houses of Parliament, participate in debates, and provide legal advice to the government. Although the Attorney General can speak and offer guidance, this role does not include voting rights. The Attorney General's participation ensures that legal perspectives are integrated into legislative discussions.

Conclusion

The Indian Parliament, with its detailed constitutional framework, operates as the apex legislative authority of the nation. The Rajya Sabha and Lok Sabha, through their distinct roles and procedural mechanisms, ensure balanced representation and effective governance. An understanding of these components, as enshrined in the Indian Constitution, is essential for comprehending the legislative processes and democratic mechanisms that underpin India’s political system.