Parliament: Structure and Powers

Parliament (Part V, Chapter II) is made up of the President, Lok Sabha (House of the People) and Rajya Sabha (Council of States).

Lok Sabha and Rajya Sabha compared

• During a National Emergency the Lok Sabha's term can be extended by one year at a time (Art 83(2)).
• The seats of States in the Lok Sabha are still allocated on the 1971 Census (frozen until the first Census taken after 2026, by the 84th Amendment).
• 12 members of the Rajya Sabha are nominated by the President from persons with special knowledge in literature, science, art and social service.
• The Rajya Sabha election is by open ballot and a candidate no longer has to be a resident of the State (changes of 2003).

Qualifications and disqualifications

Citizen of India, minimum age, takes the oath, and registered as a voter. Disqualified (Art 102) if: holding an office of profit, unsound mind, undischarged insolvent, not a citizen, disqualified by law, or defection (Tenth Schedule). Under Lily Thomas v Union of India (2013) a member convicted and sentenced to 2 years or more is disqualified immediately.

Presiding officers

• Speaker (and Deputy Speaker) elected by the Lok Sabha from among its members. Votes only to break a tie. Decides whether a Bill is a Money Bill. Decides disqualification cases under the anti-defection law. G.V. Mavalankar was the first Speaker. Meira Kumar was the first woman Speaker.
• Chairman and Deputy Chairman of the Rajya Sabha. The Deputy Chairman is elected from among its members.

Sessions

• Three regular sessions: Budget (Feb to May), Monsoon (July to Aug) and Winter (Nov to Dec).
• Not more than six months can pass between two sessions (Art 85).
• Quorum is one-tenth of the total members (Art 100).
• Adjournment (by the presiding officer) differs from prorogation (by the President) and dissolution (Lok Sabha only, by the President).

What happens to Bills when the Lok Sabha is dissolved

Special powers of the Rajya Sabha

• Art 249: by a two-thirds resolution it can authorise Parliament to make laws on a State List subject in the national interest (for up to one year at a time).
• Art 312: to create a new All-India Service.
• Money Bills: it can only recommend changes within 14 days.

Joint sitting (Art 108)

Held when the two Houses disagree on an ordinary or financial Bill. Called by the President, chaired by the Speaker. A simple majority decides. It cannot be used for Money Bills or Constitution Amendment Bills. Held only three times: the Dowry Prohibition Bill (1961), the Banking Service Commission (Repeal) Bill (1978) and the Prevention of Terrorism Bill, POTA (2002).

Parliamentary devices

Privileges (Art 105)

Freedom of speech in Parliament, and no court action for anything said or any vote given. In P.V. Narasimha Rao (1998) the Supreme Court held that MPs taking a bribe to vote were protected. A seven-judge bench overruled this in Sita Soren v Union of India (March 2024): bribery is not protected by privilege.