Parliament of India: Composition, Membership and Duration

Introduction

The Parliament of India is the Union's legislative body (the institution responsible for making laws) under the Indian Constitution. It consists of the President, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). Articles 79 to 85 explain the composition, membership, duration and sessions of Parliament.

Meaning and Definition of Parliament

Article 79 of the Constitution provides that there shall be a Parliament for the Union, consisting of:

• The President of India
• The Rajya Sabha (Council of States)
• The Lok Sabha (House of the People)

India follows a bicameral legislature, meaning that the Union legislature has two Houses. The Rajya Sabha represents the States and certain Union Territories, while the Lok Sabha represents the people through direct elections.

The President is a constitutional part of Parliament. The President summons and prorogues the Houses and may dissolve the Lok Sabha, subject to the Constitution and the applicable constitutional process.

Composition of the Rajya Sabha

Article 80: Composition of the Council of States

The Rajya Sabha consists of two categories of members:

• Representatives of the States and Union Territories.
• Members nominated by the President.

Article 80 provides for a maximum of 250 members: 12 nominated members and up to 238 representatives of the States and Union Territories.

Elected representatives

Representatives of each State are elected by the elected members of that State's Legislative Assembly. The election follows proportional representation by means of the single transferable vote. This system allows votes to be transferred between candidates according to voters' preferences, helping determine representation in proportion to the votes received.

The allocation of seats among the States is provided in the Fourth Schedule to the Constitution.

Representatives of Union Territories are chosen in the manner prescribed by Parliament by law. The method depends on the relevant legal provisions applicable to the Union Territory.

Nominated members

The President nominates 12 members to the Rajya Sabha from among persons with special knowledge or practical experience in fields such as:

• Literature
• Science
• Art
• Social service

These nominations allow people with experience in these fields to contribute to parliamentary discussions and law-making.

Rajya Sabha as a permanent House

The Rajya Sabha is a permanent House and is not subject to dissolution. As nearly as possible, one-third of its members retire every two years. This arrangement ensures continuity in parliamentary work.

The Vice-President of India is the ex officio Chairman of the Rajya Sabha. The term ex officio means that a person holds the position because of another office they occupy.

Composition of the Lok Sabha

Article 81: Composition of the House of the People

The Lok Sabha represents the people of India. Its members are primarily chosen through direct elections, in which eligible voters elect representatives from territorial constituencies (defined geographical areas).

Article 81 provides for the allocation of seats among States and representation of Union Territories, subject to the constitutional provisions and applicable laws.

The constitutional text specifies a maximum of 530 members elected from territorial constituencies in the States and up to 20 members representing Union Territories. The actual composition and election arrangements must be understood with the relevant constitutional amendments and laws.

The earlier provision under Article 331, which allowed the President to nominate up to two members of the Anglo-Indian community to the Lok Sabha, is no longer operative following the constitutional amendment that discontinued this arrangement.

Representation based on population

Article 81 establishes principles for allocating seats among States and dividing States into territorial constituencies.

The Constitution seeks, as far as practicable, to maintain:

• A reasonable relationship between a State's population and the number of Lok Sabha seats allocated to it.
• A reasonable relationship between the population of constituencies within a State and the number of seats allotted to them.

These principles aim to support fair representation of the population in the Lok Sabha.

Article 82: Readjustment of Seats and Constituencies

Article 82 deals with the readjustment of the allocation of Lok Sabha seats among States and the division of States into territorial constituencies after a census.

Delimitation means redrawing the boundaries of electoral constituencies or adjusting their representation according to the applicable legal rules.

Parliament may make laws governing this process. Delimitation legislation provides the legal framework for adjusting constituencies and their boundaries.

The Constitution has also placed restrictions on when certain readjustments can take effect. In particular, the constitutional provisions concerning the use of census figures and the allocation of seats among States have been affected by amendments that defer changes until the relevant constitutional conditions are met.

The aim of delimitation is to promote fair representation by reducing significant differences in the population represented by different constituencies, subject to the constitutional framework.

Article 327 also empowers Parliament to make laws concerning elections to Parliament and State Legislatures, including matters relating to delimitation.

Article 83: Duration of the Houses of Parliament

Duration of the Rajya Sabha

The Rajya Sabha is not dissolved. Its members generally serve six-year terms, with approximately one-third retiring every two years.

This staggered retirement system ensures that the entire House does not change at the same time.

Duration of the Lok Sabha

The normal term of the Lok Sabha is five years from the date appointed for its first meeting, unless it is dissolved earlier.

During a Proclamation of Emergency, Parliament may extend the Lok Sabha's term by law for a period not exceeding one year at a time. However, such an extension cannot continue beyond six months after the Emergency has ceased to operate.

This provision allows the Lok Sabha's term to be extended in exceptional circumstances while placing a limit on that extension.

Article 84: Qualifications for Membership of Parliament

Article 84 prescribes the constitutional qualifications required to become a member of Parliament.

A person must satisfy the following requirements:

• Citizenship: The person must be a citizen of India.
• Oath or affirmation: The person must make and subscribe to the prescribed oath or affirmation before an authorised person, in accordance with the Constitution.
• Minimum age: The person must be at least 30 years old to become a member of the Rajya Sabha and at least 25 years old to become a member of the Lok Sabha.
• Other qualifications: The person must satisfy any additional qualifications prescribed by or under a law made by Parliament.

The oath or affirmation is prescribed in the Third Schedule to the Constitution. The applicable election laws also provide additional requirements concerning eligibility and membership.

Article 85: Sessions of Parliament, Prorogation and Dissolution

Article 85 deals with the summoning of Parliament, the ending of parliamentary sessions and the dissolution of the Lok Sabha.

Summoning of Parliament

The President summons each House of Parliament to meet at a time and place considered appropriate under the constitutional process.

The Constitution requires that six months must not intervene between the last sitting of one session and the first sitting of the next session of either House. Therefore, Parliament must meet at least once within every six-month interval.

A session is the period during which a House meets to conduct parliamentary business.

Prorogation

Prorogation means formally ending a parliamentary session. The President may prorogue either House or both Houses.

Prorogation ends the session but does not dissolve the House. The Rajya Sabha continues as a permanent House, and the Lok Sabha also continues unless it is separately dissolved.

Prorogation generally does not cause Bills pending in Parliament to lapse. However, the position of particular motions, notices and other parliamentary business depends on the applicable rules.

Dissolution

Dissolution means ending the existence of the Lok Sabha as a constituted House. A new Lok Sabha is formed after the next general election.

Only the Lok Sabha can be dissolved. The Rajya Sabha cannot be dissolved because it is a permanent House.

The Lok Sabha may be dissolved at the end of its normal term or earlier. Early dissolution may occur on the advice of the Prime Minister and the Council of Ministers, in accordance with the constitutional process.

Dissolution affects pending parliamentary business. In general, Bills pending in the Lok Sabha, or Bills passed by the Lok Sabha but pending in the Rajya Sabha, lapse when the Lok Sabha is dissolved. Bills pending only in the Rajya Sabha that have not been passed by the Lok Sabha do not lapse merely because the Lok Sabha is dissolved. Other pending business is governed by the Constitution and parliamentary rules.

Distinction Between Prorogation and Dissolution

Important Case Law

Ram Jawaya Kapur v. State of Punjab (1955)

The Supreme Court of India explained the relationship between the executive and legislative branches of government. It observed that the Indian Constitution does not follow a complete separation of powers in the strict sense, although the functions of the different branches are distinguished.

This case helps explain Parliament's legislative role and the relationship between law-making and executive administration.

Practical Example

Suppose the Lok Sabha begins its first meeting after a general election on 15 June.

The Lok Sabha's normal term is five years from the date appointed for its first meeting, unless it is dissolved earlier. The President may summon Parliament for sessions during this period, but the constitutional requirement that no more than six months intervene between the last sitting of one session and the first sitting of the next must be observed.

If the Lok Sabha is dissolved before the end of its term, a new Lok Sabha must be constituted through a general election. The Rajya Sabha, however, continues to function because it is a permanent House.

Summary

• Article 79: Parliament consists of the President, the Rajya Sabha and the Lok Sabha.
• Article 80: Deals with the composition of the Rajya Sabha, including elected representatives and 12 nominated members.
• Article 81: Deals with the composition and representation of the Lok Sabha.
• Article 82: Provides for readjustment of seats and constituencies, subject to constitutional restrictions.
• Article 83: The Rajya Sabha is permanent, while the Lok Sabha normally has a five-year term.
• Article 84: Prescribes citizenship, oath or affirmation, minimum age and other qualifications for parliamentary membership.
• Article 85: Deals with summoning, prorogation and dissolution.
• The minimum age for membership is 30 years for the Rajya Sabha and 25 years for the Lok Sabha.
• Prorogation ends a session, whereas dissolution ends the existence of the Lok Sabha.
• The Constitution requires that no more than six months intervene between the last sitting of one session and the first sitting of the next session of either House.