Parliament of India
1. Composition of Parliament
Article 79 provides: “There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).” Parliament is thus a tripartite body — the President, Rajya Sabha, and Lok Sabha together constitute Parliament. No law can be enacted without the assent of all three components (except under Article 368 for constitutional amendments, where the President’s assent is mandatory but not discretionary).
This structure draws from the British Westminster model, where the Sovereign-in-Parliament is the supreme legislative authority. The Indian adaptation, however, operates under a written Constitution with the doctrine of parliamentary sovereignty limited by the framework of fundamental rights and judicial review.
2. Why is the President Part of Parliament?
The President’s inclusion in Parliament is not ceremonial — it carries substantive constitutional logic rooted in three key functions:
First, no Bill passed by both Houses becomes law unless the President gives assent under Article 111. The President may grant assent, withhold assent, or return the Bill (if it is not a Money Bill) for reconsideration. This veto power — though rarely exercised — makes the President constitutionally necessary for the legislative process to be complete.
Second, the President summons, prorogues, and dissolves the Houses under Articles 85 and Article 86. The very functioning of Parliament depends on the President’s executive actions. Without summoning by the President, Parliament cannot meet.
Third, the President possesses the power to promulgate Ordinances under Article 123 when both Houses are not in session, thereby exercising quasi-legislative authority. This power underscores the President’s role as an essential legislative actor.
The philosophical rationale: India’s parliamentary system envisages not a complete separation of powers but a system of checks and balances. The President, as constitutional head, represents the unity and integrity of the nation within the legislative process, ensuring that lawmaking remains accountable to constitutional norms.
3. President’s Legislative Functions
| Function | Article | Details |
|---|---|---|
| Summoning & Prorogation | Art. 85(1) | Summons each House at such intervals that six months shall not elapse between the last sitting and the new session. Prorogation ends a session. |
| Dissolution of Lok Sabha | Art. 85(2) | Only Lok Sabha can be dissolved. Rajya Sabha is not subject to dissolution. Dissolution ends the life of the House. |
| Address to Parliament | Art. 87 | Addresses both Houses assembled together at the commencement of the first session after each general election and at the commencement of the first session of each year. |
| Nomination to Rajya Sabha | Art. 80(1)(a) | Nominates 12 members having special knowledge or practical experience in literature, science, art, and social service. |
| Assent to Bills | Art. 111 | Three options: assent, withhold assent, or return for reconsideration (not applicable to Money Bills). If the Bill is passed again, President must give assent. |
| Ordinance-Making Power | Art. 123 | When both Houses not in session, President may promulgate ordinances having the force and effect of an Act of Parliament. Must be laid before Parliament within six weeks of reassembly. |
| Recommendation for Bills | Art. 117 | Money Bills can be introduced only with the prior recommendation of the President. Bills involving expenditure from the Consolidated Fund of India also require presidential recommendation. |
| Joint Sitting | Art. 108 | In case of deadlock between the two Houses on an ordinary Bill, the President may summon a joint sitting presided over by the Speaker of Lok Sabha. |
| Appointment of Pro-tem Speaker | Art. 95(1) | President appoints a Pro-tem Speaker, usually the senior-most member, to administer oath to newly elected members. |
1. Lok Sabha & Rajya Sabha — Strength & Representation
Maximum Strength
| House | Maximum Strength | Constitutional Basis | Composition |
|---|---|---|---|
| Lok Sabha | 552 | Art. 81 | Up to 530 from States + up to 20 from UTs + 2 nominated Anglo-Indians (now abolished by 104th Amendment, 2020) |
| Rajya Sabha | 250 | Art. 80 | Up to 238 elected from States & UTs + 12 nominated by the President |
Present Effective Strength
Lok Sabha currently has 543 elected seats (530 from States + 13 from UTs). Prior to the 104th Amendment Act, 2020, 2 additional seats were filled by nominated Anglo-Indian members, making the effective strength 545. Post-amendment, the effective strength is 543.
Rajya Sabha currently has 245 members (233 elected + 12 nominated).
State vs UT Representation
Representation of States in Lok Sabha is based on population as determined by the census, following the principle of territorial constituencies under Article 81(2). Each state is divided into territorial constituencies such that the ratio of population to seats allocated is, as far as practicable, the same across states. The Constitution uses the term “population” as ascertained at the last preceding census of which the relevant figures have been published, subject to the delimitation freeze.
Representation of UTs in Lok Sabha is provided by Parliament by law under Article 81(1)(b). For Rajya Sabha, the Fourth Schedule of the Constitution allocates seats to States and UTs. Only Delhi and Puducherry among UTs have Rajya Sabha representation.
Method of Seat Allocation Among States (UPSC Important)
UPSC expects clarity on how seats are distributed. The Constitution mandates that the ratio between the number of seats allotted to a State and its population shall, so far as practicable, be the same for all States (Art. 81(2)(a)). This ensures proportional representation on the basis of population. The Delimitation Commission then carves out specific constituencies within each State.
State-Wise Seats (Key States for UPSC)
| State | Lok Sabha Seats | Rajya Sabha Seats |
|---|---|---|
| Uttar Pradesh | 80 | 31 |
| Maharashtra | 48 | 19 |
| Tamil Nadu | 39 | 18 |
| West Bengal | 42 | 16 |
| Bihar | 40 | 16 |
| Karnataka | 28 | 12 |
| Rajasthan | 25 | 10 |
| Madhya Pradesh | 29 | 11 |
| Andhra Pradesh | 25 | 11 |
| Gujarat | 26 | 11 |
| Kerala | 20 | 9 |
| Telangana | 17 | 7 |
| Delhi (UT) | 7 | 3 |
| Sikkim / Mizoram / Nagaland | 1 each | 1 each |
| Goa | 2 | 1 |
2. Reserved Seats in Parliament
SC/ST Reservation
Article 330 provides for reservation of seats in Lok Sabha for Scheduled Castes and Scheduled Tribes. Article 332 provides the corresponding reservation in State Legislative Assemblies. These reservations were originally for 10 years from the commencement of the Constitution, but have been extended successively — most recently by the 104th Constitutional Amendment Act, 2020, which extended them up to 2030.
Currently, 84 seats are reserved for SCs and 47 seats for STs in Lok Sabha. These reserved constituencies are distributed among States in proportion to the SC/ST population relative to the total population. The reservation is through reserved constituencies, not separate electorates — all voters in the constituency vote, but only SC/ST candidates can contest from reserved constituencies.
Anglo-Indian Nomination — Historical & Abolition
Article 331 empowered the President to nominate two members of the Anglo-Indian community to Lok Sabha if the community was not adequately represented. This provision was intended as a temporary safeguard. The 104th Constitutional Amendment Act, 2020 abolished this provision with effect from 25 January 2020. The same Amendment also ended the nomination of Anglo-Indians to State Legislative Assemblies under Article 333.
The rationale for abolition was the declining population and increasing integration of the Anglo-Indian community, as noted by a parliamentary committee.
3. Women’s Reservation in Parliament
Constitutional Basis & the 106th Constitutional Amendment Act, 2023
The long-pending demand for women’s reservation in Parliament was addressed by the Nari Shakti Vandan Adhiniyam — the 106th Constitutional Amendment Act, 2023 (also referred to as the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, as introduced). This Act inserts new provisions reserving one-third of the total seats in Lok Sabha and State Legislative Assemblies for women, including one-third of seats reserved for SCs and STs.
Key Provisions
New Article 330A provides for reservation of seats for women in Lok Sabha. The reservation shall come into effect after a delimitation exercise is conducted on the basis of the first census conducted after the commencement of this Act. Seats reserved for women shall be allotted by rotation to different constituencies in the State or UT. The reservation is for a period of 15 years from the date of its commencement but may be continued by Parliament by law.
Implementation Challenges
The Act links implementation to two preconditions: (a) the conduct of a fresh census, and (b) a subsequent delimitation exercise. Since the last census was in 2011 and the 2021 Census has been delayed, the actual implementation date remains uncertain. Critics argue this creates an indefinite deferral. Supporters contend that delimitation is necessary to fairly allocate reserved constituencies. The rotation principle — whereby different constituencies will be reserved for women in different elections — raises questions about incumbency, political investment in constituencies, and voter-representative relationships.
1. Elections to Lok Sabha & Rajya Sabha
Method of Election
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Method | Direct election by the people | Indirect election by elected members of State Legislative Assemblies & UT legislatures (Delhi, Puducherry) |
| System | First-Past-the-Post (FPTP) / Simple Plurality | Proportional Representation by means of Single Transferable Vote (PR-STV) |
| Constitutional Basis | Art. 81 | Art. 80(4) |
| Electorate | All citizens aged 18+ (universal adult franchise) | Elected members of State Legislative Assemblies (MLAs) |
| Nominated Members | Nil (post 104th Amendment) | 12 by the President |
PR-STV Explained (Step-by-Step)
Rajya Sabha elections use the system of Proportional Representation with Single Transferable Vote (PR-STV). This system ensures that seats are allocated in proportion to the strength of each party in the State Assembly. Understanding this step-by-step is crucial for both Prelims and Mains.
Step 1 — Determine the Quota: The quota is the minimum number of votes a candidate needs to win. It is calculated as:
Quota = [Total valid votes ÷ (Number of seats to be filled + 1)] + 1
For example, if a State Assembly has 200 MLAs (all elected) and 3 Rajya Sabha seats are to be filled: Quota = [200 ÷ (3+1)] + 1 = 51.
Step 2 — First Preference Votes: Each MLA casts a ballot marking candidates in order of preference (1st, 2nd, 3rd, etc.). First preference votes are counted first. Any candidate who reaches or exceeds the quota is declared elected.
Step 3 — Transfer of Surplus: If a candidate receives more votes than the quota, the surplus votes are transferred to the next preference on those ballots, at a reduced value (transfer value = surplus ÷ total votes of elected candidate).
Step 4 — Elimination: If no candidate reaches the quota after surplus transfer, the candidate with the fewest votes is eliminated and their votes are transferred to the next preference.
Step 5 — Repeat: The process continues until all seats are filled.
2. Delimitation
Constitutional Basis
Article 82 mandates readjustment of seats allotted to States in Lok Sabha after every census. Article 170 provides the corresponding provision for State Assemblies. The actual process of drawing boundaries is carried out by the Delimitation Commission, constituted under the Delimitation Commission Act.
Delimitation Commissions
| Commission | Year | Basis Census | Key Outcome |
|---|---|---|---|
| First | 1952 | 1951 | Demarcated constituencies for the first general elections |
| Second | 1963 | 1961 | Readjusted after population changes |
| Third | 1973 | 1971 | Last commission to readjust total seats among states based on population |
| Fourth | 2002 | 2001 | Redrew boundaries within states but did not change total seats per state (freeze in effect) |
Freeze on Seats & Present Status
A critical issue for UPSC: The 42nd Constitutional Amendment Act, 1976 froze the allocation of Lok Sabha seats to States on the basis of the 1971 Census until the year 2000. This was extended by the 84th Constitutional Amendment Act, 2001 until the first census taken after 2026. The 84th Amendment also froze the total number of seats allocated to each State, while permitting readjustment of territorial constituency boundaries within States on the basis of the 2001 Census (carried out by the Fourth Delimitation Commission).
The rationale behind the freeze was to ensure that States which successfully implemented population control (largely Southern and smaller States) were not penalised with reduced representation, while States with higher population growth did not gain additional seats. Without this freeze, UP, Bihar, MP, and Rajasthan would gain seats at the expense of Tamil Nadu, Kerala, Karnataka, and Andhra Pradesh — creating a perverse incentive against family planning.
3. Term of Houses
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Term | 5 years from first meeting after general elections (Art. 83(2)) | Permanent body — not subject to dissolution. Members serve 6-year terms (Art. 83(1)) |
| Dissolution | Can be dissolved earlier by the President on aid & advice of PM (Art. 85(2)) | Cannot be dissolved |
| Extension | During National Emergency, Parliament may extend Lok Sabha’s term by one year at a time, but not beyond six months after the Proclamation ceases to operate (Art. 83(2) proviso) | Not applicable |
| Retirement | All members retire simultaneously upon dissolution or expiry | One-third members retire every 2 years; biennial elections held |
4. Rajya Sabha Elections from 1952 Onwards
The Initial Retirement by Lottery System
The Constitution envisages Rajya Sabha as a continuing chamber with one-third of its members retiring every two years. However, when the Rajya Sabha was first constituted in 1952, all members began their terms simultaneously. To stagger retirements and create the intended rotation, the following mechanism was adopted:
All initially elected members were divided into three groups by lot (lottery). The first group was assigned a term of 2 years (retiring in 1954), the second group a term of 4 years (retiring in 1956), and the third group received the full 6-year term (retiring in 1958). This ensured that from 1954 onwards, one-third of members would retire biennially, establishing the continuous character of the House.
1. Qualification to Become MP
Under the Constitution
Article 84 lays down the qualifications for membership of Parliament:
(a) Must be a citizen of India; (b) must make and subscribe before some person authorised by the Election Commission an oath or affirmation according to the form set out in the Third Schedule; (c) must be not less than 30 years of age for Rajya Sabha and not less than 25 years of age for Lok Sabha; and (d) must possess such other qualifications as may be prescribed by Parliament by law.
Under the Representation of the People Act, 1951
| Qualification | Lok Sabha | Rajya Sabha |
|---|---|---|
| Minimum Age | 25 years | 30 years |
| Citizenship | Must be a citizen of India | Must be a citizen of India |
| Voter Registration | Must be registered as a voter in any parliamentary constituency in India | Must be registered as an elector in the State from which seeking election (post-2003 amendment; earlier, domicile requirement was removed in 2003) |
| SC/ST Reserved Seat | Must belong to SC/ST of any State (not necessarily the State from which contesting) | Not applicable (no reserved seats in RS) |
2. Disqualification of MPs
Under Article 102 (Constitutional Grounds)
| Ground | Details |
|---|---|
| Office of Profit | Holds any office of profit under the Government of India or a State, other than an office declared by Parliament by law not to disqualify (Art. 102(1)(a)) |
| Unsound Mind | Is of unsound mind and stands so declared by a competent court (Art. 102(1)(b)) |
| Undischarged Insolvent | Is an undischarged insolvent (Art. 102(1)(c)) |
| Citizenship | Is not a citizen of India or has voluntarily acquired citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state (Art. 102(1)(d)) |
| Parliamentary Law | Is disqualified under any law made by Parliament (Art. 102(1)(e)) |
| Anti-Defection | Disqualified under the Tenth Schedule (Art. 102(2)) |
Under the RPA, 1951 (Sections 8, 8A, 9, 9A, 10A)
| Ground | RPA Section | Details |
|---|---|---|
| Criminal Conviction | Section 8 | Convicted for offences listed in Section 8(1) — corruption, terrorism, promoting enmity, untouchability offences, etc. — disqualified for 6 years from date of conviction. For any other offence with imprisonment of 2 years or more — disqualified from date of conviction until 6 years after release. |
| Corrupt Practices | Section 8A | Found guilty of corrupt practice by a court — disqualified for 6 years. |
| Dismissal for Corruption | Section 9 | Dismissed from government service for corruption or disloyalty — disqualified for 5 years. |
| Government Contracts | Section 9A | Subsisting government contracts or interest in them — disqualified. |
| Failure to Lodge Election Accounts | Section 10A | Failure to lodge election expense account within time — disqualified for 3 years. |
Important Case Laws
| Case | Year | Key Principle |
|---|---|---|
| Lily Thomas v. Union of India | 2013 | SC struck down Section 8(4) of RPA, 1951 which allowed convicted MPs/MLAs to continue in office if they filed an appeal within 3 months. Immediate disqualification upon conviction now applies. |
| Jaya Bachchan v. Union of India | 2006 | Clarified the scope of “office of profit” — disqualification must be determined by the President on the opinion of the Election Commission (Art. 103). |
| Election Commission of India v. Saka Venkata Rao | 1953 | An office of profit has been interpreted as one which carries remuneration, is under the government, and the government has the power to appoint and dismiss. |
| Kihoto Hollohan v. Zachillhu | 1992 | Upheld the validity of the Tenth Schedule; limited judicial review to cases of infirmity in the Speaker’s decision on grounds of natural justice, mala fides, or perversity. |
3. Vacation of Seats
Article 101 — Key Provisions
Article 101(1): No person shall be a member of both Houses of Parliament simultaneously. Article 101(2): No person shall be a member of both Parliament and a State Legislature simultaneously. Article 101(3)(a): A member may resign by writing under their hand addressed to the Chairman (Rajya Sabha) or Speaker (Lok Sabha), and the seat becomes vacant when the resignation is accepted. Article 101(3)(b): If a member is absent from all meetings for a period of 60 days without permission of the House, the seat may be declared vacant (the period of 60 days excludes any period during which the House is prorogued or adjourned for more than four consecutive days).
4. Loss of Seat Due to Double Membership
Parliament + State Legislature
Under Article 101(2), if a person is elected to both Parliament and a State Legislature, they must vacate their seat in the State Legislature within a period prescribed by Parliament by law (currently 14 days under Section 67A of the RPA, 1951). If they fail to do so, their seat in Parliament becomes vacant.
Both Houses of Parliament
Under Article 101(1), if elected to both Houses, the person must vacate one seat in accordance with rules made by Parliament.
Parliament + Local Bodies
The Constitution does not specifically address simultaneous membership of Parliament and local bodies (Panchayats/Municipalities). However, State laws typically require members of Parliament to vacate their local body seats. The Representation of the People Act and various State Panchayat/Municipality Acts contain provisions in this regard.
5. Vacation of Seat Under RPA, 1951
Apart from constitutional provisions, the RPA, 1951 provides additional grounds for vacation: (a) if an election is declared void by a court (Section 98–100), (b) if disqualified under Section 8 (criminal conviction), 8A (corrupt practice), 9 (dismissal for corruption), 9A (government contracts), or 10A (failure to submit election accounts), and (c) if the election petition succeeds and the court declares the seat vacant.
6. Vacancy Due to Anti-Defection Law
The Tenth Schedule
Inserted by the 52nd Constitutional Amendment Act, 1985, the Tenth Schedule provides for disqualification of members on grounds of defection. It was substantially amended by the 91st Constitutional Amendment Act, 2003.
Grounds of Disqualification
For members of political parties: (a) If a member voluntarily gives up membership of the political party on whose ticket they were elected. (b) If a member votes or abstains from voting contrary to the direction (whip) issued by the party, unless condoned within 15 days.
For independent members: If an independently elected member joins any political party after election.
For nominated members: If a nominated member joins any political party after the expiry of six months from the date of taking their seat.
Exception — Merger
Defection is not attracted if the original political party merges with another party and at least two-thirds of the members of the legislature party agree to the merger. The 91st Amendment (2003) deleted the earlier exemption for splits — a “split” of one-third is no longer a valid defence.
Role of Speaker/Chairman
The Speaker (for Lok Sabha) and the Chairman (for Rajya Sabha) are the competent authorities to decide disqualification petitions under the Tenth Schedule. Their decisions are final, subject to judicial review. The Constitution does not prescribe any time limit for the Speaker’s decision, which has led to criticism of delayed or biased rulings.
Judicial Review
In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the Tenth Schedule but struck down Paragraph 7 (which barred judicial review of Speaker’s decisions). The Court held that judicial review is available on limited grounds: violation of constitutional mandate, mala fides, non-compliance with natural justice, and perversity. In the Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020) case, the Supreme Court recommended that Parliament should consider substituting the Speaker with an independent tribunal for deciding defection cases, given the inherent conflict of interest.
1. Quorum of Parliament
Article 100(3) stipulates that the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House. If at any time during a sitting the quorum is not present, it is the duty of the Presiding Officer to adjourn the House or suspend the sitting until there is a quorum.
2. Oath of Members of Parliament
Every member of either House must, before taking their seat, make and subscribe an oath or affirmation before the President or some person appointed by the President (Article 99). The form of the oath is prescribed in the Third Schedule of the Constitution. A member who sits and votes before taking the oath is liable to a penalty of ₹500 for each day they sit/vote, to be recovered as a debt due to the Government of India.
The oath contains two essential elements: (a) bearing true faith and allegiance to the Constitution of India as by law established, and (b) upholding the sovereignty and integrity of India. Note that there is no mention of loyalty to any party, government, or individual — only to the Constitution and the nation.
3. Pro-tem Speaker
Appointment
When a new Lok Sabha is constituted after general elections, the President appoints a Pro-tem Speaker under Article 95(1). By convention, the senior-most member of the newly elected Lok Sabha is appointed. The Pro-tem Speaker is sworn in by the President.
Role & Importance
The Pro-tem Speaker serves a singular but crucial function: to administer the oath to newly elected members and to preside over the House until a regular Speaker is elected. The Pro-tem Speaker also presides over the election of the Speaker. Once the new Speaker is elected and takes charge, the office of Pro-tem Speaker ceases to exist. Despite its temporary nature, this office is constitutionally vital — without it, no member can take their seat and no Speaker can be elected.
4. Oath of Rajya Sabha Members
The oath for Rajya Sabha members is identical to that for Lok Sabha members, prescribed under Article 99 read with the Third Schedule. However, Rajya Sabha members take their oath before the Chairman of the Rajya Sabha or a person appointed by the Chairman for this purpose. Since Rajya Sabha is a continuing body, new members take oath at different times — after biennial elections or by-elections — unlike Lok Sabha where oath-taking occurs en masse at the commencement of a new House.
5. Language Used in Parliament
Article 120 provides that business in Parliament shall be transacted in Hindi or English. However, the Presiding Officer may permit a member who cannot adequately express themselves in Hindi or English to address the House in their mother tongue. The Constitution originally provided that after 15 years (i.e., from 1965), English would cease to be used unless Parliament provided otherwise. Parliament enacted the Official Languages Act, 1963, which permitted the continued use of English in Parliament indefinitely, alongside Hindi.
The simultaneous interpretation facility is available in Parliament for 22 Scheduled Languages. However, the official record (proceedings, debates) is maintained in Hindi and English.
6. Salary & Allowances of MPs
Constitutional Provision
Article 106 provides that members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law. Until Parliament so provides, members shall receive allowances at rates and conditions applicable to members of the Constituent Assembly (Dominion Legislature) immediately before the commencement of the Constitution.
Current Framework
The Salary, Allowances and Pension of Members of Parliament Act, 1954 (as amended) governs this area. The salary was last revised to ₹1,00,000 per month as basic salary. In addition, MPs receive constituency allowance, office expense allowance, and various other perquisites. Importantly, members determine their own salaries through legislation — this has been criticised as a conflict of interest. However, the constitutional design deliberately vests this power in Parliament rather than the Executive, ensuring legislative independence.
India vs USA vs UK — Parliamentary Houses Compared
| Feature | India | USA | UK |
|---|---|---|---|
| Nature of Legislature | Bicameral — Lok Sabha & Rajya Sabha. Federal legislature under a parliamentary system. | Bicameral — House of Representatives & Senate. Federal legislature under a presidential system. | Bicameral — House of Commons & House of Lords. Unitary legislature under a parliamentary system. |
| Executive-Legislative Relationship | Executive is drawn from and accountable to the legislature (particularly Lok Sabha). PM and Council of Ministers must enjoy majority in Lok Sabha. Collective responsibility under Art. 75(3). | Strict separation of powers. President is not a member of Congress. Cabinet members cannot sit in Congress. No collective responsibility to Congress. | Executive is drawn from Parliament. PM must be a member of the House of Commons. Cabinet members must be members of either House. Collective responsibility to the Commons. |
| Upper House Powers | Rajya Sabha has limited powers: (a) cannot vote on Money Bills — can only recommend; (b) in ordinary Bills, Lok Sabha prevails in joint sitting; (c) no-confidence motion only in Lok Sabha. But RS has exclusive powers under Art. 249 (national interest resolution) and Art. 312 (All-India Services). | Senate is co-equal or even more powerful: equal legislative power, exclusive treaty ratification, confirmation of appointments (Cabinet, Judiciary), sole power to try impeachments. Can block any Bill. | House of Lords is the weakest upper chamber: under Parliament Acts 1911 & 1949, Lords can only delay non-Money Bills by 1 year; Money Bills by 1 month. Largely advisory and revisory. |
| Federal Balance | Rajya Sabha provides representation to States but seats are allocated by population (not equal representation). This reflects a quasi-federal design — not true equality of States. | Senate provides equal representation — every State gets 2 Senators regardless of size. This protects smaller States and is the essence of American federalism. | Not federal. House of Lords represents hereditary/life peers, bishops, and appointed members — no territorial representation. |
| Stability vs Accountability | Favours accountability: Government can be removed by no-confidence motion in Lok Sabha. But this can lead to instability in coalition politics. | Favours stability: President has a fixed 4-year term and cannot be removed by Congress (except via impeachment for high crimes). No confidence motion mechanism. | Favours accountability: Like India, PM can be removed by no-confidence motion. Fixed-Term Parliaments Act, 2011 added stability but was repealed in 2022. |
| Election of Upper House | Indirectly elected by State MLAs (PR-STV) + 12 nominated by President. | Directly elected by the people of each State (since the 17th Amendment, 1913). 2 Senators per State; 100 total. | Not elected. Life Peers (appointed by the Crown on PM’s advice), hereditary peers (92), Bishops (26). Proposals for reform ongoing. |
| Dissolution | Lok Sabha: can be dissolved. Rajya Sabha: permanent body. | Neither House can be dissolved. Both have fixed terms (House: 2 years; Senate: 6 years, staggered). | House of Commons: dissolved before elections (max 5-year term). House of Lords: permanent body. |
Analytical Commentary
India’s bicameral design is a conscious hybrid. From the UK, India borrowed the principle of a dominant Lower House and executive accountability. From the US, India adopted a written constitution, judicial review, and a federal Upper House (though without equal State representation). The Rajya Sabha occupies a middle ground — more powerful than the House of Lords but far less powerful than the US Senate. This reflects the Constituent Assembly’s intent to balance federal representation with the primacy of popular sovereignty vested in the directly elected Lok Sabha.
The key tension in comparative analysis relevant to UPSC is between federal equality (US model — equal State representation) and population-based representation (Indian model). India’s choice to weight Rajya Sabha representation by population rather than giving equal seats to all States reflects its quasi-federal character. This has significant implications for the post-2026 delimitation debate: any increase in Lok Sabha seats based on population would further marginalise smaller States unless accompanied by Rajya Sabha reform.
1. UPSC Prelims Focus Areas
Must-Know Articles & Numbers
| Article / Fact | Subject | Frequently Tested As |
|---|---|---|
| Art. 79 | Composition of Parliament | “President is part of Parliament” — True/False |
| Art. 80 | Rajya Sabha composition | Maximum strength (250), elected (238), nominated (12) |
| Art. 81 | Lok Sabha composition | Maximum 552; present 543 |
| Art. 83 | Duration of Houses | Lok Sabha = 5 years; RS member = 6 years; extension during Emergency |
| Art. 84 | Qualification | Minimum age: 25 (LS), 30 (RS) |
| Art. 100(3) | Quorum | 1/10th of total membership |
| Art. 102 | Disqualifications | Office of profit, insolvency, citizenship, unsoundness |
| Art. 108 | Joint Sitting | Called by President; presided by Speaker; not for Money Bills or Constitutional Amendment Bills |
| Art. 110 | Money Bill definition | Speaker’s certification is final |
| Art. 123 | Ordinance-making | When Houses not in session; must be laid within 6 weeks |
| Fourth Schedule | RS seat allocation | Allocation to States (not Lok Sabha) |
| Third Schedule | Forms of oaths | Oath of MPs, Ministers, Judges |
| Tenth Schedule | Anti-defection | 52nd Amendment (1985); modified by 91st Amendment (2003) |
Common MCQ Traps
Trap 2: “Rajya Sabha represents States equally” — False. Representation is proportional to population, unlike the US Senate.
Trap 3: “Money Bills can be introduced in either House” — False. Money Bills can only be introduced in Lok Sabha (Art. 109).
Trap 4: “Joint sitting can be called for all types of Bills” — False. Joint sitting is not available for Money Bills (Lok Sabha prevails automatically) or for Constitutional Amendment Bills.
Trap 5: “Speaker decides disqualification under Art. 102(1)” — False. Under Art. 102(1), the President decides on the ECI’s opinion. Speaker decides only under the Tenth Schedule.
Trap 6: “All UTs have representation in Rajya Sabha” — False. Only Delhi and Puducherry have RS representation.
Trap 7: “Nominated members of RS can vote in Presidential election” — False. Nominated members of either House cannot vote in the Presidential election (Art. 54). But they can vote in the Vice-Presidential election (Art. 66).
2. UPSC Mains Focus Areas
Themes & Debates
The following themes recur across GS-II Mains papers and should be prepared with analytical depth:
(i) Relevance of Rajya Sabha: Debate between its role as a revisory chamber vs. an obstruction to the popular mandate. Link to federalism, bicameralism theory, and the American comparison.
(ii) Anti-Defection Law — Reform or Repeal? The tension between party discipline and representative democracy. The Dinesh Goswami Committee (1990) and Venkatachaliah Commission (2002) recommendations. The Keisham Meghachandra Singh (2020) suggestion for independent tribunals.
(iii) Delimitation Post-2026: The North-South divide, federal equity, and implications for Indian democracy. Link with the 106th Amendment (women’s reservation) which also depends on delimitation.
(iv) Women’s Representation: The journey from the 81st Amendment Bill (1996) to the 106th Amendment (2023). Comparative models. Effectiveness of reservation at the local level (73rd/74th Amendments).
(v) Office of Profit: Vagueness of the concept. The Joint Committee on Offices of Profit. Parliament’s power to exempt offices. The Jaya Bachchan case.
(vi) Ordinance Raj: Abuse of ordinance-making power. The D.C. Wadhwa v. State of Bihar (1987) case and its limits. The Krishna Kumar Singh v. State of Bihar (2017) seven-judge bench ruling.
Answer Framework — 10-Marker
Body (3–4 paragraphs): Cover the constitutional framework, identify the debate/issue, present both sides with examples and case laws, and integrate one comparative dimension.
Conclusion (1–2 sentences): Give a balanced, forward-looking statement. Include a reform suggestion or committee recommendation.
Answer Framework — 15-Marker
Body (5–6 paragraphs): (a) Constitutional provisions with Article numbers, (b) Historical evolution, (c) Present challenges with data or case studies, (d) Arguments for and against, (e) Comparative analysis (India vs UK/US), (f) Committee recommendations (relevant ones only).
Conclusion (2–3 sentences): Synthesise the argument. Suggest a way forward that balances competing interests. Avoid one-sided conclusions — the examiner rewards balance.
Inter-Linkages for Mains
| Parliament Topic | Link With | GS Paper |
|---|---|---|
| Rajya Sabha & Federalism | Centre-State relations, 7th Schedule, Interstate Council | GS-II |
| Anti-Defection & Democracy | Intra-party democracy, Electoral reforms, ECI | GS-II |
| Women’s Reservation | 73rd/74th Amendments, Gender Justice, Social Empowerment | GS-I, GS-II |
| Delimitation | Population policy, cooperative federalism, Census | GS-I, GS-II |
| Parliamentary Privileges | Judiciary-Legislature conflict, Freedom of Speech | GS-II |
| Ordinance-Making | Rule of Law, Separation of Powers, Judicial Review | GS-II |
| Office of Profit | Parliamentary Ethics, Corruption, Governance | GS-II, GS-IV |
Why is Rajya Sabha called a permanent house?
Rajya Sabha is called a “permanent house” or “continuing chamber” because it is not subject to dissolution (Art. 83(1)). Unlike Lok Sabha, which can be dissolved by the President and ceases to exist until fresh elections are held, Rajya Sabha exists perpetually. Individual members retire — one-third every two years — but the House as an institution never ceases to function. This design ensures legislative continuity: even when Lok Sabha is dissolved (as during a general election), there is always a legislative body in existence. This also means that a Bill pending in Rajya Sabha does not lapse upon the dissolution of Lok Sabha — only Bills pending in Lok Sabha or passed by Lok Sabha alone lapse. The permanence of Rajya Sabha is modelled on the US Senate (which also has staggered terms and never dissolves), though the Indian version has less legislative power.
Can the President reject a Bill?
Yes, the President has three options under Article 111 when a Bill is presented for assent: (1) Give assent, whereupon it becomes law. (2) Withhold assent, effectively killing the Bill (absolute veto). (3) Return the Bill for reconsideration (applicable only to ordinary Bills, not Money Bills) — this is a suspensive veto. If both Houses pass the Bill again (with or without amendments), the President must give assent.
In practice, the President acts on the aid and advice of the Council of Ministers (Art. 74). The absolute veto has been used only once — in 1954, President Rajendra Prasad withheld assent to the PEPSU Appropriation Bill. The so-called “pocket veto” (neither assenting to nor returning the Bill) was used by President Zail Singh regarding the Indian Post Office (Amendment) Bill, 1986. The Constitution does not prescribe a time limit for the President to act on a Bill, making pocket vetoes technically possible though constitutionally controversial.
Can Parliament remove judges?
Yes, Parliament can remove judges of the Supreme Court and High Courts through the process of impeachment, formally called “removal by address” under Articles 124(4) and 217(1)(b). A judge can be removed only on the grounds of proved misbehaviour or incapacity. The process requires: (a) a motion signed by at least 100 Lok Sabha members or 50 Rajya Sabha members, (b) investigation by a three-member committee (a SC judge, a HC Chief Justice, and a distinguished jurist), and (c) the motion must be passed by a special majority in each House separately (i.e., a majority of the total membership of the House and a majority of not less than two-thirds of members present and voting). The President then issues the order of removal.
To date, no Supreme Court judge has been successfully removed. The only impeachment motion that reached a vote was against Justice V. Ramaswami (1993), which was passed by the inquiry committee but failed in Lok Sabha. The Judges (Inquiry) Act, 1968 governs the procedure.
Is Rajya Sabha anti-democratic?
This is a nuanced debate that UPSC frequently tests. Arguments that it is anti-democratic: (a) Members are not directly elected by the people — they are elected by MLAs, making it an indirectly elected body. (b) It can delay legislation passed by the directly elected Lok Sabha. (c) Nominated members — 12 out of 245 — are not elected at all. (d) After the removal of the domicile requirement, members may represent States they have no connection with, weakening the federal rationale.
Arguments that it is not anti-democratic: (a) Indirect election is also a form of democratic representation — the MLAs who elect RS members are themselves directly elected by the people. (b) Rajya Sabha serves as a check on hasty legislation and provides sober second thought. (c) It brings expertise into Parliament through nominated members (scientists, artists, social workers). (d) It provides continuity — it never dissolves, ensuring legislative functioning at all times. (e) It represents federal interests, giving States a voice in the Union legislature.
The balanced view for Mains: Rajya Sabha is not anti-democratic — it serves different but complementary democratic functions. Its legitimacy rests not on direct election but on its role as a revisory, federal, and deliberative chamber. Reform, not abolition, is the way forward.
Why are indirect elections still relevant?
Indirect elections — used for Rajya Sabha, the President, and the Vice-President — remain relevant for several reasons. First, they enable representation of informed and expert opinion. MLAs, as elected representatives themselves, are better positioned to evaluate candidates for the Upper House than the general electorate in a mass direct election. Second, indirect election preserves the federal character — State legislatures participate in electing Rajya Sabha members, giving States a direct role in the Union Parliament. Third, direct elections for Rajya Sabha would fundamentally alter its character, making it a mirror image of Lok Sabha and undermining bicameralism. Fourth, the PR-STV system used in Rajya Sabha ensures proportional representation of parties in the State Assembly, giving minority parties a voice — something FPTP direct elections may not achieve.
The Kuldip Nayar case (2006) affirmed that the method of election does not determine democratic legitimacy — what matters is that the process is free, fair, and constitutional.
What happens to pending Bills when Lok Sabha is dissolved?
Upon dissolution of Lok Sabha: (a) Bills pending in Lok Sabha lapse. (b) Bills passed by Lok Sabha but pending in Rajya Sabha also lapse. (c) Bills pending in Rajya Sabha but not yet passed by Lok Sabha do not lapse — because Rajya Sabha is not dissolved. (d) A Bill passed by both Houses but pending assent does not lapse. (e) Bills referred to a Joint Committee lapse if the committee has not submitted its report. (f) If a joint sitting has been notified before dissolution but has not taken place, the Bill does not lapse — the President can summon a joint sitting of the new Lok Sabha and Rajya Sabha to consider the Bill (Art. 108(5)).
What is the difference between prorogation and adjournment?
Adjournment is a break within a session — the House reconvenes after the adjournment period. It is ordered by the Presiding Officer (Speaker/Chairman). A Bill pending at the time of adjournment remains pending and is taken up when the House reconvenes.
Prorogation ends a session. It is ordered by the President under Art. 85(2)(a). All pending notices (motions, resolutions) lapse upon prorogation, but Bills do not lapse. A prorogued session cannot be reconvened — a new session must be summoned.
Dissolution (applicable only to Lok Sabha) ends the life of the House. All pending Bills in Lok Sabha lapse. A new Lok Sabha must be constituted through fresh elections.
Can a Rajya Sabha member become the Prime Minister?
Yes. Article 75(1) states that the Prime Minister shall be appointed by the President. Article 75(5) requires that a Minister must be a member of either House of Parliament (and if not a member at the time of appointment, must become one within six months). There is no constitutional requirement that the PM must be from Lok Sabha. Historically, Indira Gandhi (1966) was initially a Rajya Sabha member when she became PM (she later won a Lok Sabha by-election), H.D. Deve Gowda (1996) was a Rajya Sabha member, and Dr. Manmohan Singh (2004–2014) served as PM while being a Rajya Sabha member throughout both his terms. However, by convention and political necessity, the PM should command the confidence of Lok Sabha — even if technically a RS member.
