Parliament and Composition of Parliament

Parliament

• Introduction
• Supreme Legislative Body: A Union government's legislative organ is the Parliament, and the Parliament of India is its supreme legislative body.
• Because of the adoption of the Parliamentary form of government (the 'Westminster' model of government), it holds a pre-eminent and central position in the Indian democratic political system.
• First Assembly: The first general elections under the new Indian Constitution were held in 1951-52, and the first elected Parliament was formed in April 1952.
• Articles 79 to 122 of Part V of the Constitution deal with the Parliament's organisation, composition, duration, officers, procedures, privileges, and powers.
• The Indian Constitution's frame of reference for Parliament was based on the British model rather than the American model.
• In the United States, the President is not a member of the legislature; however, in India, he is.

Parliamentary Organs

Rajya Sabha (States Council):

• The Upper House (Second Chamber or House of Elders) represents the Indian Union's states and union territories.
• The Rajya Sabha is known as the Parliament's permanent House because it is never completely dissolved.
• The Indian Constitution's Fourth Schedule deals with the allocation of Rajya Sabha seats to states and union territories.
• Composition: The Rajya Sabha has a maximum of 250 members (of which 238 are representatives of states and union territories (elected indirectly) and 12 are nominated by the President).
• The current House membership is 245, with 229 representing states, 4 representing UTs, and 12 nominated by the president.
• Election of Representatives: Members of state legislative assemblies elect state representatives.
• Members of an electoral college specially formed for the purpose elect the representatives of each UT in the Rajya Sabha.
• Only three UTs (Delhi, Puducherry, and Jammu and Kashmir) have representation in Rajya Sabha (others lack sufficient population).
• Members nominated by the President have special knowledge or practical experience in the fields of art, literature, science, and social service.
• The rationale is to give eminent people a seat in the house without having to hold elections.
• Functions: The Rajya Sabha is responsible for reviewing and amending laws initiated by the Lok Sabha.
• It can also initiate legislation, and to become law, a bill must pass through the Rajya Sabha.
• Power: State-Related Issues: The States are represented in the Rajya Sabha. As a result, any matter affecting the States must be referred to it for consent and approval.
• If the Union Parliament wishes to remove or transfer a matter from the State list, the Rajya Sabha must approve it.

Lok Sabha (The House of the People):

•  It is the Lower House (First Chamber or Popular House) and represents the entire Indian population.
• Composition: The Lok Sabha has a maximum strength of 550 members, with 530 representing the states and 20 representing the UTs.
• The Lok Sabha currently has 543 members, with 530 representing states and 13 representing UTs.
• Previously, the President nominated two members of the Anglo-Indian community, but under the 95th Amendment Act, of 2009, this provision was only valid until 2020.
• Election of Representatives: State representatives are elected directly by the people from territorial constituencies within the states.
• The Union Territories (Direct Election to the House of the People) Act of 1965 provides for the direct election of Lok Sabha members from the UTs.
• One of the most important functions of the Lok Sabha is to select the executive, a group of people who work together to carry out the laws passed by the Parliament.
• When we think of government, we often think of this executive.
• Powers:
• Decisions in Joint Session: Any ordinary law must be approved by both Houses.
• In the event of a disagreement between the two Houses, the final decision is made by calling a joint session of both Houses.
• The Lok Sabha's viewpoint is more likely to prevail in such a meeting due to its greater strength.
• Money Power: The Lok Sabha has more money power than the Senate. The Rajya Sabha cannot reject the government's budget or any other money-related law passed by the Lok Sabha.
• The Rajya Sabha can only delay it by 14 days or suggest changes, which the Lok Sabha may or may not accept.
• Control of the Council of Ministers: The Lok Sabha has control over the Council of Ministers.
• If a majority of Lok Sabha members express "no confidence" in the Council of Ministers, all ministers, including the Prime Minister, must resign.
• The Rajya Sabha lacks this authority.

President

• The President of India is not a member of either House and does not sit in Parliament to attend its meetings, but he or she is an integral part of the Parliament.
• S/he is the head of state and the country's highest formal authority.
• Appointment: The President of India is chosen by the elected Members of Parliament (MPs) and Legislative Assemblies (MLAs).
• Powers:
• Assent for Bill Passage: Without the President's assent, a bill passed by both Houses of Parliament cannot become law.
• He has the authority to summon and prorogue both Houses, to dissolve the Lok Sabha, and to issue ordinances when the Houses are not in session.

Parliamentary Functions/Powers

• Legislative Functions: Only Parliament has the authority to make laws on the Union List subjects. The Parliament, like the state legislatures, has the authority to make laws on the Concurrent List.
• The Parliament has residuary powers over any subject that is not mentioned in any list.
• Financial Operations: It is the keeper of public funds. Without the approval of Parliament, the government cannot impose taxes on the public or spend money.
• Every year, the Parliament approves the budget.
• Electoral Functions: It takes part in the election of India's President as well as the Vice-President.
• The Lok Sabha chooses the Speaker and Deputy Speaker, while the Rajya Sabha chooses the Deputy Chairman.
• Removal Power: The Parliament has the authority to remove certain high-level officials from office.
• It has the power to impeach the President, Supreme Court and High Court Judges for violating the Constitution.
• Constitutional Amendment: The Parliament can amend the majority of the Constitution with a special majority.
• Certain provisions can only be amended by Parliament with the consent of the states.
• The basic structure of the Constitution cannot be changed by Parliament.
• Control over the Executive: Parliament exercises control over the Executive through question-hour, zero-hour, calling attention notices, adjournment motions, and other mechanisms.
• The government always takes these motions very seriously because the government's policies are heavily criticised, as is their likely impact on the electorate, whom the government will eventually have to face.