The Parliament and the Representation of States and Union Territories | General Awareness - Bank Exams PDF Download

Introduction

• Supreme Legislative Body: The Parliament is the main law-making body of the Union government, and it is the highest legislative authority in India. 
• Importance: It holds a crucial position in the Indian democracy as it follows the Parliamentary system, similar to the Westminster model. 
• First Parliament: The first general elections under the new Constitution took place in 1951-52, leading to the formation of the first elected Parliament in April 1952. 
• Constitutional Framework: Articles 79 to 122 in Part V of the Constitution outline the structure, membership, duration, officials, procedures, privileges, and powers of the Parliament. 
• Reference for Parliament: The creators of the Indian Constitution based the Parliament on the British model rather than the American model. In the USA, the President is not part of the legislature, but in India, the President is included. 

Organs of Parliament

• About: The Rajya Sabha is the Upper House (also known as the Second Chamber or House of Elders) and represents the states and union territories of India. 
• Permanent House: It is known as the permanent House because it is never completely dissolved. 
• Seat Allocation: The IV Schedule of the Indian Constitution specifies how seats are allocated in the Rajya Sabha to the states and union territories. 
• Composition: The Rajya Sabha can have a maximum of 250 members. Out of these, 238 are indirectly elected representatives from states and UTs, while 12 are nominated by the President. 
• Current Strength: There are currently 245 members, including 229 from states, 4 from UTs, and 12 nominated by the President. 
• Election of Representatives: State representatives are elected by the members of the state legislative assemblies, while UT representatives are indirectly elected by a specially created electoral college. 
• Representation: Only three union territories (Delhi, Puducherry, and Jammu & Kashmir) have representation in the Rajya Sabha due to their population size. 
• Nominated Members: The President nominates members who have special expertise in areas like art, literature, science, and social service, allowing distinguished individuals to join without an election. 
• Functions: The Rajya Sabha plays a vital role in reviewing and amending laws proposed by the Lok Sabha. A bill must pass through the Rajya Sabha to become law. 

Powers:

• State Matters: The Rajya Sabha represents the states, so any matter affecting states must be approved by it. 
• Approval Required: If the Union Parliament wants to remove or transfer a matter from the State list, it needs the Rajya Sabha's approval. 

Lok Sabha (The House of the People)

• About: The Lok Sabha is the Lower House (also known as the First Chamber or Popular House) and represents all the people of India. 
• Composition: The Lok Sabha can have a maximum of 550 members, with 530 representing states and 20 from union territories. 
• Current Strength: The Lok Sabha currently has 543 members, including 530 from states and 13 from UTs. 
• Nominations: Previously, the President could nominate two members from the Anglo-Indian community, but this provision was only valid until 2020 due to the 95th Amendment Act, 2009. 
• Election of Representatives: State representatives are directly elected by the people from their respective territorial constituencies. Members from UTs are chosen by direct election under the Union Territories (Direct Election to the House of the People) Act, 1965. 
• Functions: One key role of the Lok Sabha is to select the executive, the group responsible for implementing laws made by Parliament. This executive is commonly referred to as the government. 

Powers:

• Joint Sitting Decisions: Any ordinary law must be passed by both Houses. If there is a disagreement, a joint session is called, and the larger Lok Sabha's view usually prevails. 
• Money Matters: The Lok Sabha has more authority over financial issues. Once the Lok Sabha approves the budget or any money-related law, the Rajya Sabha cannot reject it but can only delay it by 14 days or suggest changes. 
• Control over Ministers: The Lok Sabha controls the Council of Ministers. If the majority of Lok Sabha members express a no confidence vote against the Council, all ministers including the Prime Minister must resign. The Rajya Sabha does not have this power. 

President

• About: The President of India is not a member of either House and does not attend Parliament meetings, but is an essential part of it. 
• Role: The President is the head of state and holds the highest formal authority in the country. 
• Election: The President is elected by the Members of Parliament (MPs) and the elected Members of the Legislative Assemblies (MLAs). 

Powers:

• Bill Assent: A bill passed by both Houses cannot become law without the President's approval. 
• Summoning and Proroguing: The President has the authority to summon and end sessions of both Houses, dissolve the Lok Sabha, and issue ordinances when the Houses are not in session. 

Membership of Parliament

• Must be a citizen of India and at least 30 years old.
• Must take an oath or affirmation to support the Constitution of India.
• Should be a registered voter in the State from which they wish to be elected.
• Since 2003, any Indian citizen can contest Rajya Sabha elections, regardless of their State of residence.

Qualifications for Lok Sabha:

• Must be at least 25 years old.
• Must declare an oath or affirmation of loyalty to the Constitution and commitment to India's sovereignty.
• Should meet other qualifications set by Parliament by law and be a registered voter in any constituency in India.
• Candidates for reserved seats must belong to Scheduled Castes or Scheduled Tribes.

Disqualifications:
On Constitutional Grounds:

• If holding any office of profit under the Union or State government (with some exceptions).
• If declared of unsound mind by a court.
• If they are an undischarged insolvent.
• If they are not a citizen of India.
• If disqualified under any law made by Parliament.

On Statutory Grounds (Representation of People Act, 1951):

• If found guilty of certain election offences or corrupt practices.
• If convicted of any crime leading to a prison sentence of two years or more (preventive detention does not count).
• If dismissed from government service for corruption or disloyalty.
• If convicted of inciting hatred between groups or for bribery.
• If punished for promoting social crimes like untouchability, dowry, or sati.

Tenure:

• Rajya Sabha: Members serve a six-year term, with one-third retiring every two years. They can run for re-election.
• Lok Sabha: The normal term is five years. The President can dissolve it earlier based on the advice of the Council of Ministers.
• During a national emergency, the term can be extended by one year at a time, but not exceeding six months after the emergency ends.

Officials:

• Rajya Sabha: The Vice-President of India serves as the ex-officio Chairman and leads the meetings. If absent, the Deputy Chairman (elected by members) presides.
• Lok Sabha: The leader is called the Speaker, who remains in position even after dissolution until a new Speaker is elected. The Deputy Speaker (elected by the House) presides in their absence.

Powers/Functions of Parliament

• • Legislative Functions: Only Parliament has the authority to create laws on matters listed in the Union List. Together with State Legislatures, Parliament can also legislate on subjects in the Concurrent List.
  • If a topic is not covered in any list, the residual powers belong to Parliament.
  • Financial Functions: Parliament acts as the guardian of public funds. The government cannot levy taxes or spend money without Parliament's consent.
  • Each year, Parliament approves the budget.
  • Electoral Functions: Parliament plays a role in electing the President of India and the Vice-President.
  • The Lok Sabha chooses its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman.
  • Power of Removal: Certain high-ranking officials can be removed from their positions with Parliament's initiative.
  • Parliament has the power to impeach the President, and judges of the Supreme Court and High Courts for breaching the Constitution.
  • Amendment of the Constitution: Parliament can amend most parts of the Constitution with a special majority.
  • Some parts can only be modified with the agreement of the States.
  • Parliament cannot alter the basic structure of the Constitution.
  • Power over Executive: Parliament exercises oversight over the Executive through various mechanisms like question hour, zero hour, calling attention notices, and adjournment motions.
  • The government takes these motions very seriously because they can lead to significant criticism of government policies and their impact on voters.

REPRESENTATION OF STATES AND UNION TERRITORIES