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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
79Parliament consists of President + Rajya Sabha + Lok Sabha
80Composition of Rajya Sabha
81Composition of Lok Sabha
83Duration of Houses
85Sessions, prorogation, dissolution
87President’s special address
105Powers and privileges
107Introduction and passing of bills
110Money bills
111President assent to bills
112Union Budget
123Ordinance power
First Parliament of India was constituted in April 1952.

2. Composition of Parliament (Article 79)

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

President’s Legislative Powers

Power Description
SummoningCalls Parliament session
ProrogationEnds session
DissolutionDissolves Lok Sabha
AssentSigns bills into law
OrdinanceIssues ordinance

3. Rajya Sabha (Council of States)

Aspect Details
Maximum strength250
Current strength245
Elected members238
Nominated members12
Election methodIndirect election
Term6 years
NaturePermanent house
ChairmanVice-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 strength552
Current strength543
ElectionDirect election
Term5 years
Minimum age25 years
SpeakerElected 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
Year19272023
ShapeCircularTriangular
Lok Sabha seats550888
Rajya Sabha seats250384
New Parliament inaugurated on May 28, 2023.

7. Sessions of Parliament

Session Time Purpose
Budget SessionFeb-MayBudget
Monsoon SessionJuly-AugLaws
Winter SessionNov-DecLaws

8. Parliamentary Terms

Term Meaning
Question HourMPs question ministers
Zero HourUrgent matters raised
No-confidence motionRemove government
AdjournmentTemporary suspension

Summary

Aspect Details
CompositionPresident + Rajya Sabha + Lok Sabha
Lok SabhaPopular house
Rajya SabhaPermanent house
Main functionLaw making
Parliament is the supreme legislative body of India.

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
Rajya Sabha ensures federal balance by representing states.

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 Pradesh31
Maharashtra19
Tamil Nadu18
Bihar16
West Bengal16
Karnataka12
Andhra Pradesh11
Telangana7
Exam Point: Telangana has 7 Rajya Sabha seats.

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
Rajya Sabha never dissolves.

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
Exam Point: Rajya Sabha is permanent house and cannot be dissolved.

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 79Parliament includes Lok Sabha
Article 81Composition of Lok Sabha
Article 83Duration of Lok Sabha
Article 93Speaker and Deputy Speaker
Article 100Voting and quorum
Article 102Disqualification
Article 326Universal Adult Suffrage
Lok Sabha is the real executive controlling house because Council of Ministers is responsible to it.

2. Composition

Category Maximum Strength Current Strength
States530530
Union Territories2013
Nominated Anglo Indians20 (removed 2020)
Total552543
Exam Point: Telangana has 17 Lok Sabha seats.

3. Method of Election

Feature Description
Election TypeDirect election
SystemFirst Past the Post
VotingSecret ballot using EVM
Voting Age18 years

FPTP Example

Candidate A: 35,000 votes → Winner even if majority not secured.

4. Reservation of Seats

Category Reserved Seats
Scheduled Castes84
Scheduled Tribes47
Reservation extended till 2030 by 104th Amendment.

5. Qualifications

Qualification Requirement
CitizenshipIndian citizen
AgeMinimum 25 years
OathMust take oath
Voter RegistrationMust be voter

6. Term

Aspect Details
Term5 years
DissolutionBy President
ExtensionDuring Emergency

7. Speaker of Lok Sabha

Power Description
Presiding officerConducts proceedings
Maintains orderEnsures discipline
Money Bill CertificationFinal authority
Anti-defectionDecides disqualification
Current Speaker: Om Birla (2024)

8. Quorum

Aspect Details
Total Members543
Quorum55 members

9. Parliamentary Proceedings

Procedure Description
Question Hour11 AM to 12 PM
Zero HourUrgent matters
No Confidence MotionRemove government

10. Powers of Lok Sabha

Power Description
Financial PowerMoney bills introduced here
Executive ControlNo confidence motion
Legislative PowerPass laws

11. Important Facts

Fact Details
First Lok Sabha1952
First SpeakerG.V. Mavalankar
Current SpeakerOm Birla
Total constituencies543
Lok Sabha is the most powerful house in financial and executive matters.

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.

Bill → Passed by Parliament → Assent by President → Act (Law)

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
IntroductionEither House
Introduced byMinister or Private Member
Majority RequiredSimple majority
Joint SittingAllowed

4. Money Bills (Article 110)

Money Bill Includes
Taxation
Government borrowing
Consolidated Fund
Government expenditure
Speaker certifies Money Bill and decision is final.

Procedure

Stage Details
IntroductionOnly Lok Sabha
Rajya Sabha RoleRecommend only
Time limit14 days
President RoleCannot return

5. Financial Bills

Financial Bill Type I

Feature Details
ArticleArticle 117(1)
IntroductionOnly Lok Sabha
Joint SittingAllowed

Financial Bill Type II

Feature Details
ArticleArticle 117(3)
IntroductionEither House
Joint SittingAllowed

6. Constitutional Amendment Bills (Article 368)

Feature Details
IntroductionEither House
Majority RequiredSpecial majority
President RoleMust give assent
Joint SittingNot allowed
Kesavananda Bharati Case: Basic structure cannot be amended.

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
DeadlockBetween Houses
Presiding OfficerSpeaker
MajoritySimple majority
Joint sitting not allowed for Money Bills and Constitutional Amendment Bills.

9. President Role in Bills

Option Explanation
AssentBill becomes law
WithholdBill rejected
ReturnReconsideration

10. Governor Role (Articles 200, 201)

Option Explanation
AssentBill becomes law
WithholdReject
ReturnReconsideration
Reserve for PresidentPresident decides
Governor cannot keep bill pending indefinitely (Supreme Court 2025).

11. Summary Table

Bill Type Joint Sitting President Return
Ordinary BillYesYes
Money BillNoNo
Financial BillYesYes
Constitution AmendmentNoNo
Money Bills strongest power of Lok Sabha.

1. Introduction

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by Parliament, its members, and committees to ensure independent and effective functioning.

Privileges ensure Parliament functions without interference from executive or judiciary.

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

    Gunupati Keshavram Reddy Case (1954) - Privileges independent of Article 19.
    Searchlight Case (1959) - Privileges override freedom of speech under Article 19.
    Keshav Singh Case (1965) - Judiciary can review parliamentary privileges.

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
EXAM POINTS:
• 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.

Dr. B.R. Ambedkar called Parliamentary Committees "Miniature Parliaments".

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)

Established1921
Members22 (15 Lok Sabha + 7 Rajya Sabha)
ChairpersonFrom Opposition (convention)
FunctionExamines CAG reports
PAC is called Watchdog of Public Finance.

Estimates Committee

Members30 (Lok Sabha only)
Established1950
FunctionExamines budget estimates
Called Continuous Economy Committee.

Committee on Public Undertakings

Established1964
Members22
FunctionExamines 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

1Agriculture
2Chemicals and Fertilizers
3Coal and Steel
4Defence
5Energy
6External Affairs
7Finance
8Food and Public Distribution
9Home Affairs
10Education
11Industry
12Petroleum
13Railways
14Transport
15Health
16Labour
17Law and Justice
18Personnel
19Rural Development
20Urban Development
21Water Resources
22Social Justice
23Information Technology
24Minority Affairs

7. Other Standing Committees

Business Advisory CommitteeAllocates time
Privileges CommitteeExamines privilege breach
Petitions CommitteeExamines petitions
Rules CommitteeProcedure matters
Ethics CommitteeMember conduct

8. Ad Hoc Committees

Select Committees

  • Examine specific bill
  • Clause-by-clause analysis

Joint Parliamentary Committees (JPC)

Bofors Scam JPC1987
Harshad Mehta Scam1992
2G Spectrum Scam2011

9. Importance of Parliamentary Committees

Detailed scrutiny
Executive accountability
Financial control
Expert consultation
EXAM POINTS:

• 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.

Added by 52nd Constitutional Amendment Act, 1985 → Tenth Schedule.

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
Ravi S. Naik Case (1994): Conduct indicating leaving party is enough.

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
Speaker acts in quasi-judicial capacity.

6. Judicial Review

Kihoto Hollohan Case (1992):
    • 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
EXAM POINTS:

• Anti-Defection Law → Tenth Schedule
• Added by 52nd Amendment (1985)
• Strengthened by 91st Amendment (2003)
• Speaker decides disqualification
• Judicial review allowed