1. Constitutional Provisions (Part V, Chapters II & III)
Location in Constitution
| Chapter | Articles | Subject |
|---|---|---|
| Chapter II | Articles 79–122 | Composition, officers, privileges, procedure |
| Chapter III | Article 123 | Ordinance making power of President |
Important Articles
| Article | Provision |
|---|---|
| 79 | Parliament consists of President + Rajya Sabha + Lok Sabha |
| 80 | Composition of Rajya Sabha |
| 81 | Composition of Lok Sabha |
| 83 | Duration of Houses |
| 85 | Sessions, prorogation, dissolution |
| 87 | President’s special address |
| 105 | Powers and privileges |
| 107 | Introduction and passing of bills |
| 110 | Money bills |
| 111 | President assent to bills |
| 112 | Union Budget |
| 123 | Ordinance power |
2. Composition of Parliament (Article 79)
- President
- Rajya Sabha (Council of States)
- Lok Sabha (House of the People)
President’s Legislative Powers
| Power | Description |
|---|---|
| Summoning | Calls Parliament session |
| Prorogation | Ends session |
| Dissolution | Dissolves Lok Sabha |
| Assent | Signs bills into law |
| Ordinance | Issues ordinance |
3. Rajya Sabha (Council of States)
| Aspect | Details |
|---|---|
| Maximum strength | 250 |
| Current strength | 245 |
| Elected members | 238 |
| Nominated members | 12 |
| Election method | Indirect election |
| Term | 6 years |
| Nature | Permanent house |
| Chairman | Vice-President |
Special Powers
- Create All India Services
- Allow Parliament to legislate on State List
- Participate in constitutional amendment
4. Lok Sabha (House of People)
| Aspect | Details |
|---|---|
| Maximum strength | 552 |
| Current strength | 543 |
| Election | Direct election |
| Term | 5 years |
| Minimum age | 25 years |
| Speaker | Elected by members |
Special Powers
- Money bills introduced only here
- No-confidence motion
- Controls Council of Ministers
5. Functions of Parliament
Legislative Functions
- Make laws
- Amend laws
- Repeal laws
Financial Functions
- Pass budget
- Approve taxes
- Control expenditure
Executive Oversight
- Question Hour
- No confidence motion
- Committees
Judicial Functions
- Impeachment of President
- Removal of judges
Electoral Functions
- Election of President
- Election of Vice-President
6. Old vs New Parliament
| Aspect | Old Parliament | New Parliament |
|---|---|---|
| Year | 1927 | 2023 |
| Shape | Circular | Triangular |
| Lok Sabha seats | 550 | 888 |
| Rajya Sabha seats | 250 | 384 |
7. Sessions of Parliament
| Session | Time | Purpose |
|---|---|---|
| Budget Session | Feb-May | Budget |
| Monsoon Session | July-Aug | Laws |
| Winter Session | Nov-Dec | Laws |
8. Parliamentary Terms
| Term | Meaning |
|---|---|
| Question Hour | MPs question ministers |
| Zero Hour | Urgent matters raised |
| No-confidence motion | Remove government |
| Adjournment | Temporary suspension |
Summary
| Aspect | Details |
|---|---|
| Composition | President + Rajya Sabha + Lok Sabha |
| Lok Sabha | Popular house |
| Rajya Sabha | Permanent house |
| Main function | Law making |
1. Constitutional Basis
Rajya Sabha is established under Article 79 and composition is provided under Article 80 of the Constitution of India. It is the Upper House of Parliament and represents the States of the Indian Union.
| Article | Provision |
|---|---|
| Article 79 | Parliament consists of President, Rajya Sabha and Lok Sabha |
| Article 80 | Composition of Rajya Sabha |
| Article 84 | Qualifications of members |
| Article 89 | Chairman and Deputy Chairman |
| Article 249 | Power to legislate on State List |
| Article 312 | Create All India Services |
2. Composition of Rajya Sabha
| Category | Members | Explanation |
|---|---|---|
| Elected Members | 233 | Elected by MLAs of States and UTs |
| Nominated Members | 12 | Nominated by President |
| Total Strength | 245 | Maximum allowed 250 |
Nominated Members Fields
- Literature
- Science
- Art
- Social Service
3. Allocation of Seats to States
| State | Seats |
|---|---|
| Uttar Pradesh | 31 |
| Maharashtra | 19 |
| Tamil Nadu | 18 |
| Bihar | 16 |
| West Bengal | 16 |
| Karnataka | 12 |
| Andhra Pradesh | 11 |
| Telangana | 7 |
4. Election Method
Members are elected using proportional representation by single transferable vote.
| Feature | Description |
|---|---|
| Electoral College | State MLAs |
| Voting System | Single Transferable Vote |
| Election Type | Indirect Election |
Quota Formula
Quota = Total votes ÷ (Seats + 1) + 1
Example: 100 MLAs, 4 seats → quota = 21 votes
5. Qualifications
| Qualification | Requirement |
|---|---|
| Citizenship | Must be Indian citizen |
| Age | Minimum 30 years |
| Oath | Must take oath |
6. Term and Nature
| Aspect | Details |
|---|---|
| Term | 6 years |
| Retirement | 1/3 members retire every 2 years |
| Nature | Permanent House |
7. Chairman and Deputy Chairman
| Position | Description |
|---|---|
| Chairman | Vice-President of India |
| Deputy Chairman | Elected member |
8. Powers of Rajya Sabha
| Article | Power |
|---|---|
| Article 249 | Allow Parliament to legislate on State List |
| Article 312 | Create All India Services |
| Article 67 | Remove Vice-President |
| Article 368 | Amend Constitution |
9. Limitations
| Limitation | Explanation |
|---|---|
| Money Bills | Cannot introduce or reject |
| No confidence motion | Cannot remove government |
10. Importance of Rajya Sabha
- Protects federal structure
- Ensures continuity
- Acts as revising chamber
- Provides expert representation
11. Important Facts
| Fact | Details |
|---|---|
| First Rajya Sabha | 1952 |
| First Chairman | Dr. S. Radhakrishnan |
| Current Chairman | C. P. Radhakrishnan |
| Maximum strength | 250 |
1. Constitutional Basis
Lok Sabha is established under Article 79 and composition governed by Article 81. It represents the people directly and is called the Popular House.
| Article | Provision |
|---|---|
| Article 79 | Parliament includes Lok Sabha |
| Article 81 | Composition of Lok Sabha |
| Article 83 | Duration of Lok Sabha |
| Article 93 | Speaker and Deputy Speaker |
| Article 100 | Voting and quorum |
| Article 102 | Disqualification |
| Article 326 | Universal Adult Suffrage |
2. Composition
| Category | Maximum Strength | Current Strength |
|---|---|---|
| States | 530 | 530 |
| Union Territories | 20 | 13 |
| Nominated Anglo Indians | 2 | 0 (removed 2020) |
| Total | 552 | 543 |
3. Method of Election
| Feature | Description |
|---|---|
| Election Type | Direct election |
| System | First Past the Post |
| Voting | Secret ballot using EVM |
| Voting Age | 18 years |
FPTP Example
Candidate A: 35,000 votes → Winner even if majority not secured.
4. Reservation of Seats
| Category | Reserved Seats |
|---|---|
| Scheduled Castes | 84 |
| Scheduled Tribes | 47 |
5. Qualifications
| Qualification | Requirement |
|---|---|
| Citizenship | Indian citizen |
| Age | Minimum 25 years |
| Oath | Must take oath |
| Voter Registration | Must be voter |
6. Term
| Aspect | Details |
|---|---|
| Term | 5 years |
| Dissolution | By President |
| Extension | During Emergency |
7. Speaker of Lok Sabha
| Power | Description |
|---|---|
| Presiding officer | Conducts proceedings |
| Maintains order | Ensures discipline |
| Money Bill Certification | Final authority |
| Anti-defection | Decides disqualification |
8. Quorum
| Aspect | Details |
|---|---|
| Total Members | 543 |
| Quorum | 55 members |
9. Parliamentary Proceedings
| Procedure | Description |
|---|---|
| Question Hour | 11 AM to 12 PM |
| Zero Hour | Urgent matters |
| No Confidence Motion | Remove government |
10. Powers of Lok Sabha
| Power | Description |
|---|---|
| Financial Power | Money bills introduced here |
| Executive Control | No confidence motion |
| Legislative Power | Pass laws |
11. Important Facts
| Fact | Details |
|---|---|
| First Lok Sabha | 1952 |
| First Speaker | G.V. Mavalankar |
| Current Speaker | Om Birla |
| Total constituencies | 543 |
1. Introduction to Bills
A Bill is a draft legislative proposal introduced in Parliament. When passed by both Houses and assented by the President, it becomes an Act.
2. Types of Bills
| Type | Description |
|---|---|
| Ordinary Bill | General legislative matters |
| Money Bill | Financial matters (Article 110) |
| Financial Bill | Financial matters broader than Money Bill |
| Constitutional Amendment Bill | Amends Constitution (Article 368) |
3. Ordinary Bills
| Feature | Details |
|---|---|
| Introduction | Either House |
| Introduced by | Minister or Private Member |
| Majority Required | Simple majority |
| Joint Sitting | Allowed |
4. Money Bills (Article 110)
| Money Bill Includes |
|---|
| Taxation |
| Government borrowing |
| Consolidated Fund |
| Government expenditure |
Procedure
| Stage | Details |
|---|---|
| Introduction | Only Lok Sabha |
| Rajya Sabha Role | Recommend only |
| Time limit | 14 days |
| President Role | Cannot return |
5. Financial Bills
Financial Bill Type I
| Feature | Details |
|---|---|
| Article | Article 117(1) |
| Introduction | Only Lok Sabha |
| Joint Sitting | Allowed |
Financial Bill Type II
| Feature | Details |
|---|---|
| Article | Article 117(3) |
| Introduction | Either House |
| Joint Sitting | Allowed |
6. Constitutional Amendment Bills (Article 368)
| Feature | Details |
|---|---|
| Introduction | Either House |
| Majority Required | Special majority |
| President Role | Must give assent |
| Joint Sitting | Not allowed |
7. Stages of Bill Passage
First Reading
- Introduction of Bill
- No discussion
Second Reading
- Detailed discussion
- Committee stage
- Clause by clause voting
Third Reading
- Final approval
- Voting
8. Joint Sitting (Article 108)
| Condition | Description |
|---|---|
| Deadlock | Between Houses |
| Presiding Officer | Speaker |
| Majority | Simple majority |
9. President Role in Bills
| Option | Explanation |
|---|---|
| Assent | Bill becomes law |
| Withhold | Bill rejected |
| Return | Reconsideration |
10. Governor Role (Articles 200, 201)
| Option | Explanation |
|---|---|
| Assent | Bill becomes law |
| Withhold | Reject |
| Return | Reconsideration |
| Reserve for President | President decides |
11. Summary Table
| Bill Type | Joint Sitting | President Return |
|---|---|---|
| Ordinary Bill | Yes | Yes |
| Money Bill | No | No |
| Financial Bill | Yes | Yes |
| Constitution Amendment | No | No |
1. Introduction
Parliamentary privileges are special rights, immunities, and exemptions enjoyed by Parliament, its members, and committees to ensure independent and effective functioning.
Origin
- Borrowed from British House of Commons
- Provided under Indian Constitution Articles 105 and 194
- Not fully codified
2. Constitutional Provisions
Article 105 – Privileges of Parliament
| Clause | Provision |
|---|---|
| Article 105(1) | Freedom of speech in Parliament |
| Article 105(2) | Immunity from court proceedings |
| Article 105(3) | Powers and privileges same as House of Commons (until defined) |
| Article 105(4) | Applies to non-members participating |
Article 194 – Privileges of State Legislatures
Provides identical privileges to State Legislatures.
3. Classification of Privileges
A. Collective Privileges
| Privilege | Description |
|---|---|
| Publish debates | Right to publish proceedings |
| Exclude strangers | Conduct secret sessions |
| Punish contempt | Imprison or punish offenders |
| Regulate internal affairs | Control internal proceedings |
| Receive arrest information | Must be informed about arrest of members |
| No court interference | Courts cannot interfere in proceedings |
B. Individual Privileges
| Privilege | Description |
|---|---|
| Freedom of speech | Members can speak freely |
| Immunity from court | Cannot be sued for statements |
| Freedom from arrest | No arrest in civil cases during session |
| Exemption from jury service | Members exempt from jury duty |
4. Key Privileges Explained
Freedom of Speech (Article 105)
- Members can speak without fear
- Protected from defamation cases
- Subject to parliamentary rules
Immunity from Court Proceedings
- No legal proceedings for speeches
- Applies to committee proceedings
Freedom from Arrest
| Allowed | Not Allowed |
|---|---|
| Protection from civil arrest | No protection from criminal arrest |
5. Breach of Privilege
Examples
| Type | Example |
|---|---|
| Bribery | Bribing MPs |
| Threat | Threatening MPs |
| False reporting | Publishing false debates |
| Obstruction | Preventing MPs from duties |
Punishments
- Imprisonment
- Censure
- Fine
- Reprimand
6. Procedure for Privilege Motion
| Step | Action |
|---|---|
| Notice | Member gives notice |
| Speaker decision | Admits or rejects |
| Committee | Privileges Committee examines |
| House decision | Punishment decided |
7. Parliamentary Privileges vs Fundamental Rights
8. Codification of Privileges
| Aspect | Details |
|---|---|
| Status | Not codified |
| Reason | Maintain flexibility |
| Debate | Codification vs flexibility |
9. Importance of Parliamentary Privileges
- Ensures independence of Parliament
- Protects MPs from legal harassment
- Maintains dignity of Parliament
- Ensures smooth legislative functioning
• Article 105 → Parliamentary privileges
• Freedom of speech in Parliament absolute
• Courts cannot interfere in internal proceedings
• Privileges not fully codified
• Borrowed from British House of Commons
10. Summary Table
| Aspect | Details |
|---|---|
| Article | 105 and 194 |
| Types | Collective and Individual |
| Freedom of Speech | Absolute in Parliament |
| Immunity | Protection from court proceedings |
| Codification | Not codified |
1. Introduction
Parliamentary Committees are committees appointed or elected by Parliament to examine legislative, financial, and administrative matters in detail. They work under the direction of the Speaker or Chairman and submit reports to Parliament.
2. Constitutional Basis (Article 118)
| Article | Provision |
|---|---|
| Article 118(1) | Each House may make rules regulating its procedure |
| Article 118(2) | Procedure continues until new rules made |
3. Need for Parliamentary Committees
| Reason | Explanation |
|---|---|
| Heavy workload | Parliament lacks time for detailed scrutiny |
| Expertise | Members develop subject knowledge |
| Executive accountability | Committees monitor government |
| Non-partisan discussion | Less political atmosphere |
| Public participation | Experts and citizens can participate |
4. Classification of Committees
| Type | Nature | Examples |
|---|---|---|
| Standing Committees | Permanent | PAC, Estimates Committee, DRSCs |
| Ad Hoc Committees | Temporary | Select Committee, JPC |
5. Financial Committees
Public Accounts Committee (PAC)
| Established | 1921 |
| Members | 22 (15 Lok Sabha + 7 Rajya Sabha) |
| Chairperson | From Opposition (convention) |
| Function | Examines CAG reports |
Estimates Committee
| Members | 30 (Lok Sabha only) |
| Established | 1950 |
| Function | Examines budget estimates |
Committee on Public Undertakings
| Established | 1964 |
| Members | 22 |
| Function | Examines PSU performance |
6. Departmentally Related Standing Committees (DRSC)
| Total Committees | Members |
|---|---|
| 24 Committees | 31 Members (21 LS + 10 RS) |
Functions
- Examine demands for grants
- Examine bills
- Examine ministry reports
- Review policies
List of DRSCs
| 1 | Agriculture |
| 2 | Chemicals and Fertilizers |
| 3 | Coal and Steel |
| 4 | Defence |
| 5 | Energy |
| 6 | External Affairs |
| 7 | Finance |
| 8 | Food and Public Distribution |
| 9 | Home Affairs |
| 10 | Education |
| 11 | Industry |
| 12 | Petroleum |
| 13 | Railways |
| 14 | Transport |
| 15 | Health |
| 16 | Labour |
| 17 | Law and Justice |
| 18 | Personnel |
| 19 | Rural Development |
| 20 | Urban Development |
| 21 | Water Resources |
| 22 | Social Justice |
| 23 | Information Technology |
| 24 | Minority Affairs |
7. Other Standing Committees
| Business Advisory Committee | Allocates time |
| Privileges Committee | Examines privilege breach |
| Petitions Committee | Examines petitions |
| Rules Committee | Procedure matters |
| Ethics Committee | Member conduct |
8. Ad Hoc Committees
Select Committees
- Examine specific bill
- Clause-by-clause analysis
Joint Parliamentary Committees (JPC)
| Bofors Scam JPC | 1987 |
| Harshad Mehta Scam | 1992 |
| 2G Spectrum Scam | 2011 |
9. Importance of Parliamentary Committees
| Detailed scrutiny |
| Executive accountability |
| Financial control |
| Expert consultation |
• PAC is Watchdog of Public Finance
• Estimates Committee is Continuous Economy Committee
• DRSC total number = 24
• PAC established in 1921
• Estimates Committee established in 1950
• Committee on Public Undertakings established in 1964
10. Comparison Table
| Standing Committee | Ad Hoc Committee |
|---|---|
| Permanent | Temporary |
| Continuous | Task-specific |
| Example: PAC | Example: JPC |
1. Introduction
The Anti-Defection Law prevents elected representatives from changing political parties after election. It was enacted to ensure political stability and prevent corruption.
Historical Background
| Year | Event |
|---|---|
| 1967 | "Aaya Ram, Gaya Ram" incident |
| 1985 | 52nd Amendment added Tenth Schedule |
| 2003 | 91st Amendment strengthened law |
2. Constitutional Provision
| Provision | Details |
|---|---|
| Schedule | Tenth Schedule |
| Amendment | 52nd Amendment Act, 1985 |
| Objective | Prevent defections |
3. Grounds for Disqualification(in 10th Schedule)
Voluntary Giving Up Membership
| Provision | Explanation |
|---|---|
| Para 2(1)(a) | Leaving political party voluntarily |
Voting Against Party Whip
| Provision | Explanation |
|---|---|
| Para 2(1)(b) | Voting against party direction |
Independent Member Joining Party
| Provision | Explanation |
|---|---|
| Para 2(2) | Independent joining party disqualified |
Nominated Member Joining Party After 6 Months
| Provision | Explanation |
|---|---|
| Para 2(3) | Joining party after 6 months disqualified |
4. Exceptions
Merger Exception
| Requirement | Explanation |
|---|---|
| 2/3 Members | Merger allowed without disqualification |
Presiding Officer Exception
- Speaker can resign party
- Not disqualified
5. Role of Speaker
| House | Authority |
|---|---|
| Lok Sabha | Speaker decides |
| Rajya Sabha | Chairman decides |
6. Judicial Review
-
• Tenth Schedule valid
• Speaker decision subject to judicial review
7. Important Supreme Court Cases
| Case | Year | Judgment |
|---|---|---|
| Kihoto Hollohan | 1992 | Judicial review allowed |
| Ravi Naik | 1994 | Conduct counts as defection |
| Nabam Rebia | 2016 | Speaker cannot decide if disqualified |
| Keisham Meghachandra | 2020 | Decision within 3 months |
8. 91st Amendment Act, 2003
| Provision | Impact |
|---|---|
| Split removed | Only merger allowed |
| Minister limit | 15% of House strength |
| No minister post | Disqualified members cannot be ministers |
9. Criticism
- Limits freedom of MPs
- Speaker bias possible
- Bulk defections still allowed
10. Recommendations
| Committee | Recommendation |
|---|---|
| Law Commission | EC should decide disqualification |
| Supreme Court | Decision within reasonable time |
11. Summary Table
| Aspect | Details |
|---|---|
| Schedule | Tenth Schedule |
| Amendment | 52nd Amendment |
| Strengthened by | 91st Amendment |
| Authority | Speaker / Chairman |
| Judicial Review | Allowed |
• Anti-Defection Law → Tenth Schedule
• Added by 52nd Amendment (1985)
• Strengthened by 91st Amendment (2003)
• Speaker decides disqualification
• Judicial review allowed