Introduction

Parliament is the supreme legislative body of India. The Indian Parliament comprises of the President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the People). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha. The Constitution of India came into force on January 26, 1950. The first general elections under the new Constitution were held during the year 1951-52 and the first elected Parliament came into existence in April, 1952.

RAJYA SABHA

Council of States i.e. Rajya Sabha is the Upper House of the Indian Parliament. Rajya Sabha consists of the representatives of the States and the Union Territories and persons nominated by the President of India. The Vice-President of India is the ex-officio Chairman of Rajya Sabha. Rajya Sabha also chooses from amongst its Members, a Deputy Chairman. In the absence of the Chairman, Deputy Chairman presides.

COMPOSITION OF RAJYA SABHA

The Constitution of India has fixed the maximum strength of the Rajya Sabha at 250 members, of which

· 238 members are to be representatives of the States and Union Territories (UTs), and

· 12 members are to be nominated by the President of India.

At present, the Rajya Sabha comprises 245 members, of which:

· 225 members are representatives of the States,

· 8 members are representatives of the Union Territories (UTs), and

· 12 members are nominated by the President of India.

Representation of States in Rajya Sabha

The representatives of States in the Rajya Sabha are elected by the elected members of State Legislative Assemblies.
The election in the Rajya Sabha is held in accordance with the System of Proportional Representation by means of the Single Transferable Vote.
The seats are allotted to the States in the Rajya Sabha based on the population of that particular State.

Hence, the number of representatives varies from State to State.

Representation of Union Territories in Rajya Sabha

The representatives of each Union Territory in the Rajya Sabha are indirectly elected by members of an Electoral College specially constituted for the purpose.
This election is also held in accordance with the System of Proportional Representation by means of the Single Transferable Vote.

Nominated Members in Rajya Sabha

The President of India nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in the field of:

art,
literature,
science, and
social service.

The rationale behind this principle of nomination of members to the Rajya Sabha is to provide eminent persons with a place in the House without going through the process of elections.

QUALIFICATIONS

Article 84 of the Constitution has certain criteria that an individual should meet to get a Rajya Sabha membership. They are –

· The candidates must be an Indian citizen.

· Take oath before an authorized person on behalf of the election commission.

· 30 years of age is the minimum age to apply for candidature.

· Must have qualifications prescribed by parliament laws.

DISQUALIFICATIONS

Article 102 of the Constitution has certain criteria that disqualify an individual from getting a Rajya Sabha membership. They are –

· If the individual holds a profit office under the Indian government or any State government without parliament’s declaration.

· A person with an unsound mind.

· A person who is an undischarged insolvent.

· If any parliament law disqualifies him.

· If he voluntarily takes foreign citizenship.

TERM

The Rajya Sabha, India's upper house of Parliament, is a permanent body and therefore does not have a specific term of office. However, its members are elected for a term of six years. One-third of the members retire every two years, ensuring a continuous flow of new members and the House remaining a permanent body.

SESSIONS

The President convenes the sessions of Rajya Sabha twice in a year. However, it can be conducted along with the Lok Sabha sessions or whenever it feels it necessary. The President can call for a special session for getting approved an emergency declaration where the Lok Sabha remains dissolved at this time. It can also be summoned for another special session for passing an ordinance seeking to extend the President's rule in a state.

POWERS AND FUNCTIONS OF RAJYA SABHA

The Rajya Sabha plays a vital role in India’s parliamentary system, holding specific powers and responsibilities that balance and complement those of the Lok Sabha. Here are some of the important powers and functions of the Rajya Sabha:

Legislative Powers: The Rajya Sabha participates in the law-making process, deliberating on bills proposed by the Lok Sabha. While both houses generally need to approve a bill, money bills can only be introduced in the Lok Sabha. However, Rajya Sabha can suggest amendments to money bills, although the Lok Sabha can ultimately reject these.

Control over the Executive: The Rajya Sabha exercises oversight over the executive (Council of Ministers) by raising questions, holding debates, and discussing government policies. Though it cannot directly pass a no-confidence motion (a power exclusive to the Lok Sabha), it holds discussions that scrutinize government actions.

Financial Powers: While the Rajya Sabha does not have equal financial powers with the Lok Sabha, it can discuss the annual budget and make recommendations, although the Lok Sabha has the final say on financial matters.

Special Powers in National Interest: Under Article 249 of the Constitution, the Rajya Sabha can pass a resolution (with a two-thirds majority) empowering Parliament to legislate on subjects in the State List if it deems it necessary in the national interest.

Role in Constitutional Amendments: The Rajya Sabha shares the power to amend the Constitution with the Lok Sabha. Constitutional amendments must be approved by both houses, making the Rajya Sabha essential to the process.

Electoral Functions: Members of the Rajya Sabha take part in the election of the President and Vice President of India, highlighting its importance in the country’s higher executive elections.

Review and Debate: As a body that is not subject to dissolution, the Rajya Sabha provides continuity and stability in Parliament, allowing for thorough review, debate, and long-term perspectives on legislative issues.

Through these powers, the Rajya Sabha serves as a check on the directly elected Lok Sabha, representing the interests of states and providing a balance in India’s federal structure.

LOK SABHA

As per the provision of Article 79 of Indian Constitution, the House of the People, the Lok Sabha is the lower House of the parliament. The house meets in the Lok Sabha Chambers of the New Parliament House, New Delhi. The new parliament has a seating capacity of 888 for Lok Sabha. The Speaker of the Lok Sabha (Lok Sabhā Adhyakṣa) is the presiding officer and the highest authority of the Lok Sabha, the lower house of the Parliament of India.

COMPOSITION

Lok Sabha is composed of representatives of the people chosen by direct election on the basis of the adult suffrage.

The Constitution has fixed the maximum strength of the Lok Sabha at 552 members.
At present, the Lok Sabha comprises 543 members, of which:

o 524 members are representatives of the States, and

o 19 members are representatives of the Union Territories (UTs).

Representation of States in Lok Sabha

The representatives of States in the Lok Sabha are directly elected by the people from the territorial constituencies of their respective States.
The election of members of the Lok Sabha is based on the principle of Universal Adult Franchise.
Every Indian citizen who is above 18 years of age and who is not disqualified under the provisions of the Constitution or any law is eligible to vote at such election.

Representation of Union Territories in Lok Sabha

The Indian Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the Union Territories in the Lok Sabha.
Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the Union Territories are also chosen by the direct election.

Nominated Members in Lok Sabha

As of now, there are no nominated members in Lok Sabha.
Before 2020, the President of India used to nominate two members from the Anglo-Indian community if the community was not adequately represented in the Lok Sabha.
However, the 104th Amendment Act of 2019 discontinued this provision of special representation of the Anglo-Indian community in the Lok Sabha by nomination.

Consequently, this provision ceased to have effect on the 25th of January, 2020.

QUALIFICATIONS

According to Article 84 of the Indian Constitution, the following criteria must be met before one can be nominated to the Lok Sabha:

a) Must be an Indian citizen.

b) You must be at least 25 years old to apply.

c) Must be a registered voter in one of India’s parliamentary districts.

d) A candidate for a recognized political party must have one proposer from his/her constituency to be nominated by the party.

e) Ten spokespeople are required for an independent candidate.

f) A 25,000 security deposit is asked of all applicants.

DISQUALIFICATIONS

a) He is no longer an Indian citizen.

b) It doesn’t matter what law the Indian Parliament makes because he can’t do that.

c) He is so disqualified because he or she left.

d) Has been found guilty, among other things, of making people hate each other.

e) Has been found guilty of corruption.

TERM

The concept of a member of Parliament in the Lok Sabha, which was dissolved, is five years from the date the Parliament was set up to meet for the first time. There are times when the term can be stretched by law, but not for more than a year. After the state of emergency is over, the extension can’t last more than six months. The Lok Sabha is not a permanent body.

SESSIONS

The Lok Sabha, the lower house of India’s bicameral parliament, holds three sessions in a year:

Budget Session: This session typically lasts from February to May and is primarily focused on discussing and approving the government’s budget for the upcoming financial year.

Monsoon Session: This session typically lasts from July to September and is used to consider and pass legislation.

Winter Session: This session typically lasts from November to mid-December and is used to debate and discuss various issues facing the country.

The President may call a session of Parliament at any time, although no more than six months must pass between meetings.

POWERS AND FUNCTIONS OF LOK SABHA

Legislative Powers – It takes part in making laws for the governance of the country. The ordinances issued by the President also have to be approved by the Lok Sabha.

Executive Powers – It exercises control over the executive through question hour, Zero hour, short discussion, adjournment motion, no-confidence motion etc. The Lok Sabha can remove the Council of Ministers if they wish to.

Financial Powers – No tax can be collected without the Lok Sabha’s authority or the approval.

Constituent Powers – It has the power to make amendments in the Constitution. Though for this purpose a special majority is required in both the houses of the Parliament it is still seen that the Lok Sabha has more power than the Rajya Sabha.

Judicial Powers – It can impeach the President if he/she violates the Constitution. It can recommend the removal of all the judges in the Supreme Court, High Court (including the Chief Justice) and even other major officers of the government.

Conclusion

The Lok Sabha is the cornerstone of India’s democratic governance. t serves as the voice of the people, shaping the nation’s laws and policies and ensuring government accountability. As the house comprising direct representatives of the people of India, it plays a pivotal role in shaping national policies, enacting laws, and representing the diverse interests and will of the citizens of India.

References