Parliament: Structure, Organisation, Legislative Powers, and Limitations

Structure and Organisation of Parliament

1. Articles 79–122 of the Constitution deal with the Parliament.

2. Bicameral Legislature: Parliament consists of:
o President (Article 52)
o Rajya Sabha (Council of States - Upper House)
o Lok Sabha (House of the People - Lower House)
o
3. Composition:
o Rajya Sabha (Article 80):
 Maximum strength: 250 members.
 238 members represent States and Union Territories.
 12 members nominated by the President for contributions in art,
literature, science, and social services.
o Lok Sabha (Article 81):
 Maximum strength: 552 members.
 530 members represent States, 20 from Union Territories, and up to 2
Anglo-Indian members (this provision was removed by the 104th
Constitutional Amendment).
4. Sessions of Parliament:
o Article 85: President summons and prorogues Parliament and can dissolve the
Lok Sabha

Legislative Powers of Parliament

1. Union List (Article 246 and Seventh Schedule): Parliament has exclusive powers to
legislate.
2. Concurrent List: Parliament and State Legislatures can both legislate, but
Parliament’s law prevails in case of conflict (Article 254).
3. Residuary Powers (Article 248): Parliament has the power to legislate on matters not
enumerated in the State List or the Concurrent List.
4. Ordinance-making Power of the President (Article 123): Parliament must approve
the ordinance within six weeks of reassembling.

Financial Powers

1. Budget (Article 112):

o Annual Financial Statement is presented by the government.
o Money Bills can only be introduced in the Lok Sabha (Article 110).
2. Appropriation Bill (Article 114): Enables withdrawal from the Consolidated Fund of
India.
3. Finance Bill (Article 117): Includes taxation proposals and other financial matters.
Limitations on Legislative Powers

1. Judicial Review (Articles 13 and 32): Laws violating Fundamental Rights can be
struck down.
2. Federal Structure: State Legislatures have exclusive jurisdiction over the State List
(Article 246).
3. Restrictions on Money Bills: Lok Sabha holds more power.
4. Constitutional Amendment Process: Certain amendments require ratification by at
least half the states (Article 368).

President in Relation to Parliament

1. Role of the President:

o Part of Parliament: President is an integral part of the Parliament (Article
79).
o Summoning and Dissolution: President summons sessions, prorogues
Parliament, and dissolves the Lok Sabha (Article 85).
o Assent to Bills:
 Can give assent, withhold assent, or return a bill (except Money Bills)
for reconsideration (Article 111).
o Ordinances: President can promulgate ordinances when Parliament is not in
session (Article 123).
2. Address to Parliament (Article 87):
o At the commencement of the first session after a general election or each
year’s first session, the President addresses both Houses.

Relations Between the Houses

1. Equal Powers:
o Both Houses have equal powers in ordinary legislation, constitutional
amendments (Article 368), and discussions.
2. Special Powers of Lok Sabha:
o Money Bills (Article 110):
 Can only be introduced in Lok Sabha.
 Rajya Sabha cannot amend but can recommend changes.
 Lok Sabha can reject Rajya Sabha's recommendations.
o Confidence Motion: The government must maintain the confidence of Lok
Sabha; no such provision exists for Rajya Sabha.
3. Special Powers of Rajya Sabha:
o Can authorise Parliament to legislate on a State List subject (Article 249) by
passing a resolution with a two-thirds majority.
o Can approve the creation of All-India Services (Article 312).
4. Joint Sitting (Article 108):
o In case of deadlock on a bill (excluding Money Bills and Constitutional
Amendment Bills), the President can summon a joint sitting of both Houses.
 o Lok Sabha dominates due to its numerical strength.

Key Articles for Reference

Topic Articles
Composition of Parliament 79–122
President’s Role in Parliament 52, 79, 85, 111, 123
Rajya Sabha 80
Lok Sabha 81
Legislative Powers 245–255
Money Bills 110
Joint Sitting 108
Residuary Powers 248
Financial Powers 112–117
State List and Concurrent List 246, Seventh Schedule
Judicial Review 13, 32

Functionaries and Related Topics (Indian Constitution)

1. Speaker of the House (Articles 93 & 94)

 Article 93: Lok Sabha elects a Speaker and a Deputy Speaker.

 Roles:
o Maintains order in the House.
o Decides points of order and interpretations of rules.
o Casts a deciding vote in case of a tie.
o Presides over joint sittings (Article 108).
 Article 94: Speaker may resign, be removed by a resolution, or vacate the office upon
ceasing to be a Member of Parliament.

2. Council of Ministers (Articles 74 & 75)

 Article 74:
o The Council of Ministers, headed by the Prime Minister, aids and advises the
President.
 Article 75:
o PM is appointed by the President. Other ministers are appointed on PM's
advice.
o Ministers hold office during the pleasure of the President.
o Collective responsibility to Lok Sabha.
 o Salaries decided by Parliament.

3. Attorney General of India (Article 76)

 Chief legal advisor to the Government of India.

 Appointed by the President.
 Has the right to participate in parliamentary proceedings but cannot vote.
 Duties include advising the government and appearing on its behalf in the Supreme
Court or High Courts.

5. Summoning and Prorogation of Parliament & Dissolution of Lok Sabha

 Article 85:
o The President summons each House at least once every six months.
o Summoning: Notification for MPs to assemble.
o Prorogation: Ends a session without dissolving the House.
 Article 83(2):
o Lok Sabha has a term of 5 years unless dissolved earlier by the President.

6. Powers, Privileges, and Immunities (Articles 105 & 194)

 Article 105:
o Freedom of speech in Parliament.
o Immunity from legal proceedings for speeches or votes in the House.
o Rights to publish parliamentary proceedings.
 Article 194:
o Similar privileges apply to State Legislatures.

7. Breach of Privilege and Contempt

 Power to Punish for Breach of Privilege (Article 105(3)):

o Parliament can define and punish breaches of privilege.
 Contempt: Actions that obstruct or impede Parliament or its committees' functioning.

8. Power to Commit to Custody or Prison

 Both Houses can punish individuals for contempt or breach of privilege by

imprisonment or other means.
  Landmark Case: Searchlight Case (1959) – Parliament’s power to commit to custody
upheld by the judiciary.

Recognition of Political Parties in Parliament

Party Strength in Lok Sabha

1. Article 81: Composition of the Lok Sabha.

o Total strength: 552 members (530 from states, 20 from Union Territories, and
2 nominated members).
o Political party strength in Lok Sabha depends on general elections and the
results recognized by the Election Commission (ECI).
2. Recognition of Political Parties:
o Governed by the Election Symbols (Reservation and Allotment) Order,
1968.
o Recognition as National Party or State Party based on performance in
elections.
o Criteria for recognition as a National Party:
 Secure at least 6% of valid votes in 4 or more states and win 4 Lok
Sabha seats.
 Recognized as a state party in 4 states.
o Criteria for recognition as a State Party:
 Secure 6% of valid votes in the state assembly or Lok Sabha elections
and win 2 assembly seats.
3. Position After the Tenth Schedule (Anti-Defection Law):
o Article 102(2) and Article 191(2): Disqualification of members on grounds of
defection.
o Tenth Schedule:
 Prohibits defection of members from their political party.
 Exceptions for mergers of political parties if two-thirds of members
agree.
 A member can be disqualified if they vote against the party whip or
resign from their party.
 Recognizes the concept of independent legislators but limits their
ability to join parties after elections.

Printing and Publication of Parliamentary Papers :Relevant Provisions

1. Article 105(2):
o Members of Parliament (MPs) have immunity for speeches, votes, and
publication of proceedings in Parliament.
o Ensures freedom of speech in Parliament without external interference.
2. Parliamentary Privileges:
o Privileges Committee: Supervises and decides on privileges related to
printing and publication of parliamentary papers.
o Parliamentary Proceedings (Protection of Publication) Act, 1977:
  Protects publishers of parliamentary debates and proceedings under
lawful orders of the House.

3. Role of Parliament and the Press:

o Article 361A: Provides protection for publishing parliamentary proceedings
unless proven to be with malicious intent.
o Media is allowed to cover and publish parliamentary debates to ensure
transparency and accountability.
4. Rules of Procedure and Conduct of Business:
o Both Lok Sabha and Rajya Sabha regulate printing and publication of papers,
including debates and committee reports.
o Unauthorized publication can lead to breach of privilege proceedings.

Importance:

 Facilitates public awareness and participation in democratic processes.

 Encourages accountability and transparency of elected representatives.

Whip

1. Definition and Role:

o A whip is an official appointed by a political party to ensure discipline among
party members in legislative bodies. The term "whip" originates from British
parliamentary practice.
o The whip’s primary responsibility is to ensure that party members vote
according to the party line on important matters, maintain quorum, and
participate actively in debates.
2. Legal Status in India:
o The whip does not have constitutional status in India but functions under the
rules of the political party and parliamentary procedures.
3. Issuance of Whip:
o A whip can be issued for critical votes such as a no-confidence motion,
passing of the budget, or constitutional amendments.
o There are three types of whips in practice:
 One-line whip: Members are informed about a meeting and
encouraged to attend.
 Two-line whip: Members are directed to be present and vote according
to the party.
 Three-line whip: Members must attend without fail and vote strictly
as directed; defying this may lead to disciplinary action.
4. Judicial Perspective:
o Courts in India have upheld the authority of the whip under the Tenth
Schedule, ensuring legislative discipline while maintaining a balance between
individual representation and party allegiance. However, the judiciary has also
intervened to ensure that misuse of the whip does not undermine democratic
practices.