Lok Sabha (LS) & Rajya Sabha (RS)

A Brief on the Lok Sabha (LS) & Rajya Sabha (RS)

The Parliament is the legislative organ of the Union government. Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition deal with the organisation, composition, duration, officers, procedures, privileges, powers and many other points related to the Parliament.

According to the constitution, the Parliament of India consists of three parts, the President, the Council of States and the House of the People. In 1954, the Hindi names 'Rajya Sabha' and Lok Sabha' were adopted by the Council of States and the House of People respectively. The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House).

Important RS

• The maximum strength of the RS is fixed at 250, out of which, 238 are representatives of the states and union territories (elected indirectly) and 12 are nominated by the President. Presently, the RS has 245 members.
• The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories.
• The representatives of states in the RS are elected by the elected members of state legislative assemblies. The representatives of each union territory in the RS are indirectly elected by members of an electoral college specially constituted for the purpose. Note: Out of the 7 UTs, only two (Delhi and Puducherry) have representation in Rajya Sabha.
• The President nominates 12 members to the Rajya Sabha from people who have special knowledge  or practical experience in art, literature, science and social service.
• The RS (was first constituted in 1952) is a continuing chamber, that is, it is a permanent body and not subject to dissolution. But one-third of its members retire every second year. The retiring members are eligible for re-election and renomination any number of times. In the Representation of the People Act (1951), it was fixed that the term of office of a member of the RS shall be six years.

Important LS

• The maximum strength of the LS is fixed at 552. Out of this, 530 members are representatives of the states, 20 members are representatives of the Union Territories and 2 members are to be nominated by the president from the Anglo-Indian community. Presently, the LS have 545 members.
• The representatives of states in the LS are directly elected by the people from the territorial constituencies in the states. The election is based on the principle of universal adult franchise. The members of LS from the union territories are also chosen by direct election. The President can nominate two members from the Anglo-Indian community if the community is not adequately represented in the LS.
• There is reservation of seats for scheduled castes and scheduled tribes in LS on the basis of population  rations. 
• The LS is not a continuing chamber. Its normal term is five years after which it autiomatically dissolves. But, the President is authorised to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law. Also, the term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

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• Must be a citizen of India.
• Must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
• Must have other qualifications as prescribed by Parliament.

Also, He/She must be registered as an elector for a parliamentary constituency. This is same for both Rajya Sabha and the  Lok Sabha.

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A person shall be disqualified for being elected as a member of Parliament:

• On holding of any office of profit under the Union or state government
• If he is of unsound mind.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state
• And if he is so disqualified under any law made by Parliament.

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Also, a person shall be disqualified from being an MP if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule. A member is disqualified under the defection law if:

• He voluntary gives up the membership of the political party on whose ticket he is elected to the House.
• He votes or abstains from voting in the House contrary to any direction given by his political party.
• Any independently elected member joins any political party; and
• Any nominated member joins any political party after the expiry of six months.

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The MP can vacate his/her seat if:

• He is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve.
• He is a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.
• He is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant. 
• He cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.
• If the MP may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be. The seat falls vacant when the resignation is accepted.
• A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission.

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Each House of Parliament has its own presiding officer. There is a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and  a Deputy Chairman for the Rajya Sabha. The Chairman of RS is always the Vice President.

Note: The Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly - elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem.

The Speaker Pro Tem has all the powers of the Speaker. He presides over the first siting of the newly-elected Lok Sabha. His main duty is to administer oath to the new members. He also enables the House to elect the new Speaker.

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