Parliament of India
Parliament of India
Article 79 constitutes Parliament as India's supreme legislature, combining the President, Rajya Sabha, and Lok Sabha. Articles 79-122 govern composition, sessions, the legislative process, and financial powers. Expect questions on composition numbers (250/552), Money Bill vs Ordinary Bill procedure, joint sittings (only 3 ever held), types of majorities, and the Speaker's certification power. The anti-defection law, budget process, and exclusive Rajya Sabha powers round out this high-yield topic.
Key Dates
First general elections held; first Lok Sabha constituted on 17 April 1952; first session began on 13 May 1952; G.V. Mavalankar elected as first Speaker
Speaker's Conference established the convention that the Speaker should be non-partisan
First actual Joint Sitting of Parliament — Dowry Prohibition Bill (earlier convened in 1954 but not needed)
Convention established: PAC Chairman to be from the opposition — suggested by PM Nehru earlier, formalized after 1967
Second Joint Sitting — Banking Service Commission (Repeal) Bill. 44th Amendment strengthened parliamentary supremacy, restored provisions altered during Emergency
52nd Amendment — Anti-Defection Law (Tenth Schedule) enacted; Speaker given power to decide disqualification
61st Amendment reduced voting age from 21 to 18 years
Third Joint Sitting — Prevention of Terrorism Bill (POTA). Only three joint sittings in 75+ years
91st Amendment strengthened anti-defection; limited Council of Ministers to 15% of LS strength
104th Amendment deleted Anglo-Indian nomination to Lok Sabha (Art 331) and state assemblies (Art 333)
Nari Shakti Vandan Adhiniyam (106th Amendment) passed — reserves 1/3 seats for women in LS and state assemblies; implementation pending delimitation after Census
Composition of Rajya Sabha (Council of States) — Articles 80-81
Article 80 caps Rajya Sabha at 250 members: 238 elected and 12 nominated by the President for expertise in literature, science, art, or social service. Current effective strength stands at 245 (233 elected + 12 nominated). State assemblies elect RS members through proportional representation via single transferable vote. The Fourth Schedule allocates seats per state; UP holds the maximum at 31. RS never dissolves. Members serve 6-year terms, with one-third retiring every two years through biennial elections. The Vice-President chairs RS as ex-officio Chairman under Art 64. The Deputy Chairman presides in the Chairman's absence and faces removal through an effective majority resolution with 14 days' notice. Indian RS representation tracks population, unlike the US Senate where every state gets equal seats. RS reflects India's federal character by giving states a voice in the Union legislature.
Composition of Lok Sabha (House of the People) — Articles 81, 331
Article 81 caps Lok Sabha at 552: up to 530 from states, up to 20 from UTs, plus 2 nominated Anglo-Indians (deleted by the 104th Amendment, 2020). Current effective strength is 543 (530 from states + 13 from UTs). Members win seats through direct election by universal adult franchise from territorial constituencies. The 61st Amendment (1988) lowered the voting age from 21 to 18. The Delimitation Commission redraws constituency boundaries after each Census under Art 82, but the 42nd Amendment froze total state-wise seats at 1971 Census figures. The 84th Amendment (2001) extended this freeze until the first Census after 2026. Lok Sabha's normal term runs 5 years from its first meeting under Art 83(2). The President can dissolve it earlier on the PM's advice. During a national emergency, Parliament can extend LS life one year at a time, but never beyond 6 months after the emergency ends. India sits in the 18th Lok Sabha (constituted 2024). Article 330 reserves seats for SCs and STs proportionate to population.
Sessions, Summoning, Prorogation, and Adjournment
Article 85(1) limits the gap between two sessions to 6 months. Parliament normally holds three sessions: Budget (February-May, longest), Monsoon (July-August), and Winter (November-December). Summoning means the President calls Parliament to meet. Prorogation ends a session by presidential order; pending business survives into the next session. Adjournment suspends proceedings within a session; business stays alive. Adjournment sine die suspends a session indefinitely. Both adjournment types are the Presiding Officer's call. Dissolution terminates Lok Sabha itself. Only LS can dissolve; RS is permanent. On dissolution, all pending LS bills lapse. Bills passed by LS but pending in RS also lapse. A bill pending in RS alone does not lapse. A joint committee report goes to the new LS. Quorum for each House stands at 1/10 of total membership under Art 100. When quorum falls short, the Presiding Officer must adjourn or suspend the sitting.
Speaker and Deputy Speaker of Lok Sabha
Lok Sabha elects the Speaker from among its members under Article 93. The Speaker presides over sittings, maintains order, and delivers final rulings on points of order. Art 110(3) vests the Speaker with sole authority to certify Money Bills; no court can question this certification. The Speaker does not vote in the first instance but casts the deciding vote in a tie under Art 100(1). The Speaker chairs Joint Sittings under Art 108(4) and decides anti-defection disqualifications under the Tenth Schedule. In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Speaker's quasi-judicial role but subjected the decision to judicial review. The Speaker can permit secret sittings, refer bills to DRSCs and Select Committees, and allocate debate time. The Speaker continues in office after LS dissolution until the new LS elects a successor under Art 94. Removal requires an effective majority resolution with 14 days' notice under Art 96. By convention, the Speaker severs party ties upon election. The Deputy Speaker acts in the Speaker's absence, is elected by LS, and by convention comes from the opposition. The Pro-tem Speaker (senior-most member) presides over the first sitting of a new LS and administers the oath to new members.
Legislative Process — Ordinary Bills, Money Bills, Financial Bills
Ordinary Bills can originate in either House and need simple majority in both. When the Houses disagree, the President can summon a Joint Sitting under Art 108, presided over by the Speaker and decided by majority of members present and voting. Only 3 joint sittings have occurred: Dowry Prohibition Bill (1961), Banking Service Commission (Repeal) Bill (1978), and Prevention of Terrorism Bill (2002). Money Bills under Art 110 can only originate in Lok Sabha with the President's prior recommendation. Art 110 confines Money Bills to taxation, government borrowing, Consolidated Fund/Contingency Fund, appropriation of money, and CFI-charged expenditure. RS can only suggest amendments within 14 days; LS may ignore them entirely. No joint sitting applies to Money Bills. The Speaker's certification is final. Financial Bills split into two categories. Category I (Art 117(1)) mixes Art 110 matters with other provisions; introduced only in LS with Presidential recommendation; passed like ordinary bills with joint sitting possible. Category II (Art 117(3)) involves CFI expenditure but does not qualify as a Money Bill; introduced in either House; needs Presidential recommendation for consideration, not introduction. Constitutional Amendment Bills under Art 368 can start in either House without Presidential recommendation. They require a special majority: 2/3 of members present and voting AND majority of total membership of each House. No joint sitting applies. Amendments affecting the federal structure also need ratification by at least half the state legislatures.
Types of Majorities in Parliament
Simple Majority: majority of members present and voting. Applies to ordinary bills, no-confidence motions, and adjournment motions. Absolute Majority: majority of total House membership regardless of vacancies or absences (e.g., 273+ in a 545-seat LS). Rarely used but surfaces in specific procedural contexts. Effective Majority: majority of total membership minus vacancies. Applies to removing the VP, Deputy Speaker, and Deputy Chairman. Special Majority under Art 368: majority of total membership of each House AND at least 2/3 of members present and voting. Covers most constitutional amendments. Special Majority + State Ratification: Art 368 special majority plus ratification by legislatures of at least half the states through simple resolutions. Required for amendments affecting the President's election, Union and state executive power, SC and HC provisions, Centre-state legislative power distribution, state representation in Parliament, Art 368 itself, and the Seventh Schedule. Simple Majority of Parliament (not each House separately): applies to admission of new states (Art 2), formation of new states (Art 3), and creation or abolition of state Legislative Councils (Art 169).
Question Hour, Zero Hour, and Parliamentary Devices
Question Hour fills the first hour of each sitting day. Starred Questions receive oral answers on the floor and permit supplementary questions. Unstarred Questions receive written answers, tabled without supplementaries. Short Notice Questions carry less than 10 days' notice on urgent matters and receive oral answers. Zero Hour starts immediately after Question Hour. It is informal (absent from the Rules of Procedure), unique to India, and dates to the 1960s. Members raise urgent matters without prior notice. Adjournment Motion draws attention to urgent public matters; if admitted, normal business halts; it amounts to government censure and applies only in LS. No-Confidence Motion requires 50 members to introduce, passes by simple majority, needs no stated reasons, and applies only in LS. Cut Motions arise during budget grant discussions: Disapproval Policy Cut reduces the demand to Re 1, Economy Cut reduces it to a specific rounded figure, and Token Cut reduces it by Rs 100 to register a grievance. Calling Attention Motion lets a member summon a minister's statement on an urgent matter; unique to India. Half-an-Hour Discussion reopens inadequately answered Question Hour items. Short Duration Discussion allows a 2-hour debate on urgent matters with no voting.
Parliamentary Motions — Adjournment, No-Confidence, Censure
The Adjournment Motion targets a definite matter of urgent public importance that interrupts normal business. Passage censures the government. Only Lok Sabha can move it. A No-Confidence Motion under Rule 198 needs 50 supporters to introduce. A simple majority passes it, forcing the entire Council of Ministers to resign. No reasons need be stated. Parliament has faced 27 no-confidence motions since 1952 (as of 2024). A Censure Motion must state specific charges, can target individual ministers or the whole Council, and does not compel resignation on passage, though the government suffers moral defeat. Censure motions remain rare. A Confidence Motion works in reverse: the PM seeks a floor vote, often at the President's direction. Losing forces the PM to resign. A Privilege Motion arises when a member alleges breach of their privilege or the House's privilege. The Speaker determines whether a prima facie case exists; if yes, the matter proceeds to the Privileges Committee.
Special Powers of Rajya Sabha
Rajya Sabha wields three exclusive powers. Under Article 249, RS can pass a special majority resolution (2/3 of members present and voting) empowering Parliament to legislate on State List subjects in the national interest. This resolution lasts one year and is renewable. Under Article 312, RS can pass a special majority resolution recommending creation of new All-India Services (IAS, IPS, IFS model). Parliament then enacts the service by law. Third, the VP removal resolution must originate in RS under Art 67(b). RS never dissolves and provides legislative continuity. During President's Rule under Art 356, if LS stands dissolved, RS alone approves the proclamation. On ordinary bills, RS can delay passage by up to 6 months but cannot block them permanently; a joint sitting resolves deadlocks. On Money Bills, RS holds the weakest hand: it can only suggest amendments within 14 days, and LS may ignore those suggestions entirely. RS members represent states rather than voters directly, giving the House a federal character distinct from LS's popular character.
Anti-Defection Law (Tenth Schedule) and Recent Developments
The 52nd Amendment (1985) inserted the Tenth Schedule, the Anti-Defection Law. Two grounds trigger disqualification: (1) a member voluntarily gives up membership of the party on whose ticket they won; (2) a member votes or abstains against the party whip without prior permission or party condonation within 15 days. The original Tenth Schedule exempted "splits" where 1/3 of legislators broke away. The 91st Amendment (2003) deleted this split exemption entirely. Now the only surviving exception is a "merger" where 2/3 of a party's legislators merge with another party. The Speaker or Chairman decides disqualification petitions. In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Speaker's role but subjected the decision to judicial review. Critics charge that Speakers delay decisions for political convenience, the law reduces MPs to rubber stamps, and the Speaker's potential bias undermines neutrality. The SC has suggested shifting this power to an independent tribunal or the Election Commission. The Maharashtra Shiv Sena split (2022) and Rajasthan Congress crisis (2020) expose continuing weaknesses in the framework.
Budget Process and Financial Powers of Parliament
Article 112 requires the Annual Financial Statement (Budget) to show estimated receipts and expenditure. Expenditure splits into two categories. Charged Expenditure draws from the Consolidated Fund without parliamentary voting and covers the President's salary, SC/HC judges' salaries, CAG's salary, and debt charges. Votable Expenditure covers everything else and must pass through Demands for Grants in Lok Sabha. The budget process follows a fixed sequence: Finance Minister's Budget Speech, General Discussion, DRSC examination, Voting on Demands for Grants in LS (RS can only discuss, not vote), Appropriation Bill (authorizes CFI withdrawals; treated as a Money Bill), and Finance Bill (implements taxation proposals; must pass within 75 days). Cut Motions can be moved during Demand voting. When the budget is not cleared before 1 April, Parliament grants a Vote on Account to authorize spending for part of the year, usually 2 months. Art 114 bars CFI withdrawals without an appropriation law. Art 265 bars taxation without legal authority. Art 266 establishes the Consolidated Fund for all revenues, loans, and repayments. Art 267 creates the Contingency Fund at the President's disposal for urgent unforeseen expenses.
Comparison of Powers: Lok Sabha vs Rajya Sabha
LS dominates on financial and accountability matters. Money Bills originate only in LS; RS gets just 14 days to suggest amendments; LS holds the final say. No-confidence motions move only in LS. The Council of Ministers answers only to LS under Art 75(3). LS alone votes on Demands for Grants; RS can only discuss. The Speaker presides over Joint Sittings under Art 108, giving LS a built-in numerical edge. The Budget reaches LS first. Both Houses share equal power on ordinary legislation, constitutional amendments (Art 368), election and impeachment of the President, election and removal of the VP (RS initiates removal), approval of emergency proclamations, and approval of ordinances. RS wields exclusive powers under Art 249 (resolution to legislate on State List matters) and Art 312 (creation of new All-India Services). RS also ensures legislative continuity as a permanent body. The two Houses hold complementary powers: LS dominates on finance and government accountability, while RS represents federal interests.
Anti-Defection Law — Tenth Schedule (52nd and 91st Amendments)
The 52nd Amendment (1985) created the Tenth Schedule to curb floor-crossing that had destabilized governments since the 1960s. Three grounds trigger disqualification: (1) voluntarily giving up party membership; (2) voting or abstaining against the party whip without prior permission and without party condonation within 15 days; (3) a nominated member joining any political party after 6 months. The original law exempted a "split" where 1/3 of a party's members broke away. The 91st Amendment (2003) scrapped this exemption. Only the "merger" exception survives: 2/3 of a party's members in the House must agree to merge with another party. The Speaker or Chairman decides disqualification petitions. In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Tenth Schedule but confirmed judicial review of the Speaker's decision. In Nabam Rebia v. Deputy Speaker (2016), the SC barred the Speaker from deciding petitions while a notice for the Speaker's own removal is pending. Critics argue the law converts MPs into rubber stamps, stifles intra-party dissent, relies on a non-neutral Speaker, and lets petitions languish for years. The law fails to distinguish principled dissent from opportunistic defection.
Speaker of Lok Sabha — Powers, Role, and Conventions
Art 93 vests the Speaker with sweeping authority: presiding over sittings, maintaining order, interpreting Rules of Procedure, casting the tie-breaking vote (Art 100), certifying Money Bills with finality (Art 110), deciding anti-defection disqualifications under the Tenth Schedule, allocating debate time, ruling on privilege questions, and chairing Joint Sittings (Art 108). Article 122 shields proceedings from judicial inquiry on procedural grounds. By convention, party ties become nominal upon the Speaker's election, reinforcing impartiality. The Speaker votes only to break a tie, never in the first instance. Notable Speakers: G.V. Mavalankar (first, 1952-1956), N. Sanjiva Reddy (later became President), Somnath Chatterjee (first non-Congress Speaker under a Congress-led coalition), Meira Kumar (first woman Speaker), and Om Birla (current). The Deputy Speaker under Art 93 exercises full Speaker powers when presiding in the Speaker's absence. Removal requires 14 days' notice and an effective majority resolution in LS.
Types of Majorities in Parliament
(1) Simple Majority: majority of members present and voting; abstentions do not count. Covers ordinary bills, no-confidence motions, VP removal in RS, and most resolutions. (2) Absolute Majority: majority of total House membership regardless of vacancies or absences. Applies in limited procedural contexts. (3) Effective Majority: majority of total membership minus vacancies. Applies to removing the Deputy Speaker and VP in RS. (4) Special Majority under Art 249: at least 2/3 of RS members present and voting. Lets Parliament legislate on State List matters. (5) Special Majority under Art 368: majority of total membership of each House AND at least 2/3 of members present and voting. Covers all constitutional amendments. (6) Special Majority + State Ratification: Art 368 special majority plus ratification by at least half the state legislatures. Required for amendments affecting federal provisions such as the presidential election, Art 368 itself, and Seventh Schedule power distribution. Map each majority type to its specific use case for assertion-reason questions.
Relevant Exams
Extremely high-yield topic across all exams. Questions cover: composition of both Houses (250/552 maximums, nominated members, 104th Amendment), Money Bill vs Financial Bill vs Ordinary Bill procedures, types of majorities (simple, absolute, effective, special), joint sittings (when applicable and when not — only 3 ever), parliamentary devices (Question Hour, Zero Hour, Cut Motions), Speaker's powers (Money Bill certification, anti-defection), committees (PAC, Estimates, DRSCs), special powers of Rajya Sabha (Art 249, 312), budget process, and the distinction between constitutional provisions and conventions.