OUR PARLIAMENT (29) Andaman & Nicobar Islands 1 (30) Chandigarh 1 (31) Dadra & Nagar Haveli 1 (32) Daman & Diu 1 (33) NCT of Delhi 7 (34) Lakshadweep 1 (36) Anglo-Indians (if nominated 2 by the President under Article 331 of the Constitution) RAJYA SABHA Rajya Sabha is the Upper House of Parliament. It has not more than 250 members. Members of Rajya Sabha are not elected by the people directly but indirectly by the Legislative Assemblies of the various States. Every State is allotted a certain number of members. No member of Rajya Sabha can be under 30 years of age. Twelve of Rajya Sabha members are nominated by the President from persons who have earned distinction in the fields of literature, art, science and social service. Rajya Sabha is a permanent body. It is not subject to dissolution but one-third of its members retire every two years.

Rajya Sabha was duly constituted for the first time on April 3, 1952 and it held its first sitting on May 13, that year. There are at present 245 members in Rajya Sabha, distributed among different States and Union Territories as follows: (1) Andhra Pradesh 18 (29) NCT of Delhi 3 (30) Pondicherry 1 (31) Nominated by the President under 12 Article 80(1)(a) of the Constitution Presiding Officers Lok Sabha elects one of its own members as its Presiding Officer and he is called the Speaker. He is assisted by the Deputy Speaker who is also elected by Lok Sabha. The conduct of business in Lok Sabha is the responsibility of the Speaker. The Vice-President of India is the ex-officio Chairman of Rajya Sabha. He is elected by the members of an electoral college consisting of members of both Houses of Parliament. Rajya Sabha also elects one of its members to be the Deputy Chairman. Functions of Lok Sabha and Rajya Sabha The main function of both the Houses is to pass laws.

Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. The subjects over which Parliament can legislate are the subjects mentioned under the Union List in the Seventh Schedule to the Constitution of India. Broadly speaking, Union subjects are those important subjects which for reasons of convenience, efficiency and security are administered on all-India basis. The principal Union subjects are Defence, Foreign Affairs, Railways, Transport and Communications, Currency and Coinage, Banking, Customs and Excise Duties. There are numerous other subjects on which both Parliament and State Legislatures can legislate. Under this category mention may be made of economic and social planning, social security and insurance, labour welfare, price control and vital statistics. Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions and questions addressed by members to Ministers exercise control over the administration of the country and safeguard peopleï¿½s liberties. Difference between Lok Sabha and Rajya Sabha (1) Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya Sabha are elected by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of single transferable vote.

(2) The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent body. (3) Lok Sabha is the House to which the Council of Ministers is responsible under the Constitution. Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha which grants the money for running the administration of the country. (4) Rajya Sabha has special powers to declare that it is necessary and expedient in the national interest that Parliament may make laws with respect to a matter in the State List or to create by law one or more all-India services common to the Union and the States. Rajya Sabha Introduction RAJYA SABHA - AN INTRODUCTION Background The ‘Council of States’ which is also known as Rajya Sabha, a nomenclature that was announced by the chair in the House on the 23rd August, 1954 has its own distinctive features. The origin of the second Chamber can be traced to the Montague-Chelmsford Report of 1918.

The Government of India Act, 1919 provided for the creation of a ‘Council of State’ as a second chamber of the then legislature with a restricted franchise which actually came into existence in 1921. The Governor-General was the ex-officio President of the then Council of State. The Government of India Act, 1935, hardly made any changes in its composition. The Constituent Assembly, which first met on 9 December 1946, also acted as the Central Legislature till 1950, when it was converted as ‘Provisional Parliament’. During this period, the Central Legislature which was known as Constituent Assembly (Legislative) and later Provisional Parliament was unicameral till the first elections were held in 1952. Extensive debate took place in the Constituent Assembly regarding the utility or otherwise of a Second Chamber in Independent India and ultimately, it was decided to have a bicameral legislature for independent India mainly because a federal system was considered to be most feasible form of Government for such a vast country with immense diversities. A single directly elected House, in fact, was considered inadequate to meet the challenges before free India.

A second chamber known as the ‘Council of States’, therefore, was created with altogether different composition and method of election from that of the directly elected House of the People. It was conceived as another Chamber, with smaller membership than the Lok Sabha (House of the People). It was meant to be the federal chamber i.e., a House elected by the elected members of Assemblies of the States and two Union Territories in which States were not given equal representation. Apart from the elected members, provision was also made for the nomination of twelve members to the House by the President. The minimum age of thirty years was fixed for membership as against twenty-five years for the Lower House. The element of dignity and prestige was added to the Council of State House by making the Vice-President of India ex-officio Chairman of the Rajya Sabha who presides over its sittings. Constitutional Provisions relating to Rajya Sabha Composition/Strength Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories.

The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the States and Union territories of Delhi and Puducherry and 12 are nominated by the President. The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service. Allocation of Seats The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each State. Consequent on the reorganization of States and formation of new States, the number of elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time to time since 1952. Eligibility Qualifications Article 84 of the Constitution lays down the qualifications for membership of Parliament.

A person to be qualified for the membership of the Rajya Sabha should posses the following qualifications: he must be a citizen of India and make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution; he must be not less than 30 years of age; he must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. Disqualifications Article 102 of the Constitution lays down that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament – if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; if he is of unsound mind and stands so declared by a competent court; if he is an undischarged insolvent; if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; if he is so disqualified by or under any law made by Parliament.

Explanation- For the purpose of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. Besides, the Tenth Schedule to Constitution provides for disqualification of the members on ground of defection. As per the provisions of the Tenth Schedule, a member may be disqualified as a member, if he voluntarily gives up the membership of his political party; or if he votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days. A member elected as an independent candidate shall be disqualified if he joins any political party after his election. A member nominated to the House by the President, however, is allowed to join a political party if he/she does so within the first six months of taking seat in the House. A member shall not be disqualified on this account, if he voluntarily leaves the membership of his political party after he is elected Deputy Chairman, Rajya Sabha.

Process for Election/Nomination Electoral College: The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the method of indirect election. The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote. The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative Assembly of Delhi, and that for Puducherry consists of the elected members of the Puducherry Legislative Assembly. Biennial/Bye-election Rajya Sabha is a permanent House and is not subject to dissolution. However, one-third Members of Rajya Sabha retire after every second year. A member who is elected for a full term serves for a period of six years. The election held to fill a vacancy arising otherwise than by retirement of a member on the expiration of his term of office is called ‘Bye-election’. A member elected in a bye-election remains member for the remainder of the term of the member who had resigned or died or disqualified to be member of the House under the Tenth Schedule.

Presiding Officers - Chairman and Deputy Chairman The Presiding Officers of Rajya Sabha have the responsibility to conduct the proceedings of the House. The Vice-President of India is ex-officio Chairman of Rajya Sabha. Rajya Sabha also chooses from amongst its members, a Deputy Chairman. There is also a Panel of Vice-Chairmen in Rajya Sabha, the members of which are nominated by the Chairman, Rajya Sabha. In the absence of the Chairman and Deputy Chairman, a member from the Panel of Vice-Chairmen presides over the proceedings of the House. Secretary-General The Secretary-General is appointed by the Chairman of Rajya Sabha and holds rank equivalent to the highest civil servant of the Union. The Secretary-General works with anonymity and is readily available to the Presiding Officers for rendering advice on parliamentary matters. The Secretary-General is also the administrative head of the Rajya Sabha Secretariat and the custodian of the records of the House. He works under the direction and control of the Chairman, Rajya Sabha. Relation between the two Houses Under article 75(3) of the Constitution, the Council of Ministers is collectively responsible to Lok Sabha which means Rajya Sabha cannot make or unmake the Government.

It can, however, exercise control over the Government and this function becomes quite prominent, particularly when the Government does not enjoy majority in Rajya Sabha. To resolve a deadlock between the two Houses, in case of an ordinary legislation, the Constitution provides for the joint sitting of both Houses. In fact, there have been three occasions in the past when the Houses of Parliament had met in joint sitting to resolve differences between them. Issues in joint sitting are decided by a majority of the total number of members of both Houses present and voting. The joint sitting is held in the Central Hall of Parliament House presided over by the Speaker, Lok Sabha. However, in the case of a Money Bill, there is no provision in the Constitution for a joint sitting of both Houses as Lok Sabha clearly enjoys pre-eminence over Rajya Sabha in financial matters. As regards a Constitution amendment Bill, it has been provided in the Constitution that such a Bill has to be passed by the specific majority, as prescribed under article 368 of the Constitution, by both Houses. There is, therefore, no provision for resolving a deadlock between the two Houses in regard to a Constitution amendment Bill. Ministers may belong to either House of Parliament.

The Constitution does not make any distinction between the Houses in this regard. Every Minister has the right to speak and take part in the proceedings of either House but he is entitled to vote only in the House of which he is a member. Similarly, with regard to powers, privileges and immunities of the Houses of Parliament, their members and committees thereof, the two Houses are placed absolutely on equal footing by the Constitution. Other important matters in respect of which both Houses enjoy equal powers are election and impeachment of the President, election of the Vice-President, approving the Proclamation of Emergency, the proclamation regarding failure of constitutional machinery in States and financial emergency. In respect of receiving reports and papers from various statutory authorities, etc., both Houses have equal powers. It is thus clear that except in the case of collective responsibility of the Council of Ministers and certain financial matters, which fall in the domain of Lok Sabha only, both Houses enjoy equal powers. Special Powers of Rajya Sabha Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. All the subjects/areas regarding legislation have been divided into three Lists - Union List, State List and concurrent List. Union and State Lists are mutually exclusive - one cannot legislate on a matter placed in the sphere of the other.

However, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of members present and voting saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India. Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further. If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services. Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, in the event of failure of constitutional machinery in a State, or in the case of financial emergency. Every such proclamation has to be approved by both Houses of Parliament within a stipulated period. Under certain circumstances, however, Rajya Sabha enjoys special powers in this regard.

If a Proclamation is issued at a time when Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the resolution approving it is passed by Rajya Sabha within the period specified in the Constitution under articles 352, 356 and 360. Rajya Sabha in Financial Matters A Money Bill can be introduced only in Lok Sabha. After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation. The power of Rajya Sabha in respect of such a Bill is limited. Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen days from its receipt. If it is not returned to Lok Sabha within that time, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha. Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject all or any of the recommendations made by Rajya Sabha. Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced in Rajya Sabha.

There are, however, some other types of Financial Bills on which there is no limitation on the powers of the Rajya Sabha. These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill. Of course, such Bills cannot be passed by either House of Parliament unless the President has recommended to that House the consideration thereof. From all this, however, it does not follow that Rajya Sabha has nothing to do in matters relating to finance. The Budget of the Government of India is laid every year before Rajya Sabha also and its members discuss it. Though Rajya Sabha does not vote on Demands for Grants of various Ministries - a matter exclusively reserved for Lok Sabha - no money, however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both the Houses. Similarly, the Finance Bill is also brought before Rajya Sabha. Besides, the Department-related Parliamentary Standing Committees that examine the annual Demands for Grants of the Ministries/Departments are joint committees having ten members from Rajya Sabha.

Leader of the House Apart from the Chairman and the Deputy Chairman, Leader of the House is another functionary who plays important role in the efficient and smooth conduct of the business in the House. The Leader of the House in Rajya Sabha is normally the Prime Minister, if he is its member or any Minister who is a member of the House and is nominated by him to so function. His primary responsibility is to maintain coordination amongst all sections of the House for a harmonious and meaningful debate in the House. For this purpose, he remains in close contact not only with the Government but also with the Opposition, individual ministers and the Presiding Officer. He occupies the first seat in the Chamber in first row at right the side of the Chair so that he is easily available to the Presiding Officer for consultation. Under the rules, the Leader of the House is consulted by the Chairman in regard to the arrangement of Government business in the House, allotment of days or allocation of time for discussion on the President’s Address, Private Members’ business on any day other than Friday, discussion on No Day-Yet-Named Motions, Short Duration Discussions and consideration and return of a Money Bill.

He is also consulted by the Chairman in the matter of adjournment or otherwise of the House for the day in case of death of an outstanding personality, national leader or international dignitary. In the era of coalition governments, his task has become more challenging. He ensures that all possible and reasonable facilities are made available to the House for a meaningful discussion on any matter that is brought before it. He works as the spokesperson of the House in expressing sense of the House and represents it on ceremonial or formal occasions. The following members have been the Leaders of the House in the Rajya Sabha: SNo. Leader of the Opposition (LOP) The office of the Leader of the Opposition in a legislature is of great public importance. Its importance emanates from the central role accorded to the Opposition in a parliamentary democracy. The role of the Leader of the Opposition, in fact, is more difficult as he has to criticize, find fault and present alternative proposals/policies with no power to implement them. He has, thus, to perform a special responsibility to Parliament and to the nation. In Rajya Sabha until 1969, there was no Leader of the Opposition in real sense of the term.

Till then, the practice was to call the Leader of the party in Opposition having the largest number of the members as the Leader of the Opposition, without according him any formal recognition, status or privilege. The office of Leader of the Opposition was given official recognition through the Salary and Allowances of Leaders of the Opposition in Parliament Act, 1977. This Act defines the Leader of the Opposition in Rajya Sabha, as a member of the Council of States who is, for the time being, the Leader in that House of the party in opposition to the Government constituting the greatest numerical strength and recognized as such by the Chairman of the Council of States. Thus, the Leader of the Opposition should satisfy three conditions, namely, (i) he should be a member of the House (ii) the Leader in Rajya Sabha of the party in opposition to the Government having the greatest numerical strength and (iii) be recognized as such by the Chairman, Rajya Sabha. The following members have been the Leaders of the Opposition in the Rajya Sabha: SNo. The Indian Parliament The Indian Parliament comprises two Houses – Lok Sabha (House of the People), and Rajya Sabha, (Council of the States), and the President of India.

Parliament has four primary functions: to make laws, to sanction government expenditure, to oversee the work of the government, and to represent the interests of the people. Q.1: What is Parliament? According to the Constitution of India, the union legislative body is called the Parliament. The Hindi term for Parliament is Sansad. The Parliament includes the President and the two Houses – the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). This kind of system, with two Houses, is called a bicameral legislature. Rajya Sabha: The Rajya Sabha (Council of States) is the Upper House of Parliament. The House has a maximum of 250 members, out of which 12 members are nominated by the President for their expertise in specific fields of art, literature, science, and social services. The remaining 238 members are elected by the members of the legislative bodies from the States and Union Territories. The Rajya Sabha is a permanent body and unlike the Lok Sabha, it cannot be dissolved at any time. Each member of the Rajaya Sabha serves for a term of six years. But one third of its members retire at the expiration of every two years.

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. It, however, elects a Deputy Chairman from among its members who takes care of the day-to-day working of the House. Both Houses have equal legislative powers except in the area of finance where the Lok Sabha is given overriding powers. Lok Sabha: The Lok Sabha (House of the People) is the Lower House of Parliament. The members are directly elected to the House. The electorate consists of all citizens who have attained 18 years of age and are otherwise not disqualified to vote under the law. Under the Constitution, the maximum strength of the Lok Sabha can be 552 members. The Constitution provides that up to 530 members would represent territorial constituencies in the states, up to 20 members would represent the Union Territories, and two members would be appointed by the President to represent the Anglo-Indian community if there is inadequate representation of the community. The minimum age for qualification as a member of the Lok Sabha is 25 years. Each Lok Sabha is formed for a period of five years, at the end of which the House is dissolved.

The House can be dissolved before the completion of the term or it can be extended by a Proclamation of Emergency. The period of extension cannot exceed one year at a time. A Speaker and a Deputy Speaker, elected by the members of the Lok Sabha, conduct day to day business. The Deputy Speaker presides during the absence of the Speaker. Q.2: What are the functions of Parliament? In the Indian system, the Council of Ministers are also Members of Parliament (that is, there is an overlap of the legislative and executive functions for several members) For those members who are part of the Council of Ministers, there is an additional responsibility of the executive as compared to those who are not in the Council of Ministers. The broad functions of Parliament can be described as follows: - Legislative responsibility: To pass laws - Oversight responsibility: To ensure that the executive (i.e. government) performs its duties satisfactorily - Representative responsibility: To represent the views and aspirations of the people of their constituency in Parliament. - “Power of the Purse” responsibility: To approve and oversee the revenues and expenditures proposed by the government Q.3: What constitutes the Government of India? The President is the formal, constitutional head of the Republic of India.

After the Lok Sabha elections, the President invites the leader of the party or parties with the majority of votes in the Lok Sabha to form the Government. The President appoints the leader of the majority party as the Prime Minister and on the advice of the Prime Minister appoints other ministers. The ministers can be chosen from both Houses of Parliament. The political power is vested with the Prime Minister and his team of ministers – the Council of Ministers. The Council of Ministers constitute the Government of India and the government is headed by the Prime Minister. The Council of Ministers, headed by the Prime Minister, (together forming the Executive) is responsible for the governance of the country and is collectively responsible to the Lok Sabha. If the Lok Sabha passes a motion of no-confidence (See Q 31) against the Council of Ministers, the term of the Government comes to an end. As the leader of the majority, the Prime Minister is also the Leader of the Lok Sabha. He has to perform certain parliamentary functions like proposing dates of calling the House in session to the Speaker and drawing up the programme of official business. The leader of the largest party in opposition in each House is designated as the Leader of the Opposition.

Q.4: What is the role of the President of India with regard to Parliament? The President is the constitutional head of Republic of India, directly elected by an electoral college that includes elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States. The President performs certain constitutional functions: - The President invites the leader of the majority party to form the Government after a new Lok Sabha is duly elected. - The President nominates 12 members of the Rajya Sabha and has the right to nominate two members from the Anglo Indian community to the Lok Sabha if they are under-represented. - On the advice of the Executive, the President summons the two Houses of Parliament to meet from time to time. - The President has the power to discontinue a session in the two Houses and dissolve the Lok Sabha (in consultation with the Executive). - The President has to agree to sign a Bill (see Q7) before it can become a law. - If the Houses are not in session, the President can enact or promulgate Ordinances (see Q25) having the same validity as a law passed in Parliament.

- The President has the power to appoint the Speaker of the Lok Sabha and the Chairman of Rajya Sabha on an interim basis. - The President has the right to address either or both Houses of Parliament. - The President has the power to call both Houses for a joint sitting in case a dispute arises over passing a Bill. In the joint sitting, the matter is decided by majority vote. Q.5: What are the special powers of Rajya Sabha? Rajya Sabha enjoys certain special powers. They are as follows: · Rajya Sabha can declare that it would be in the national interest for the Parliament to make laws on any subject in the State List; and · Rajya Sabha is empowered to make laws creating one or more All India Services, which would be common to the Union and State, if it is deemed to serve the national interest. The services such as the Indian Administrative Service, Indian Police Service, and All-India Judicial Service are part of the All India Services. Q.6: What are the qualifications and disqualifications for being a Member of Parliament?

To be qualified to become a Member of Parliament a person must be: · a citizen of India; · not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years in the case of the Lok Sabha; and · a voter for any parliamentary constituency in India, but in the case of the Rajya Sabha a candidate must be registered as an elector in the State or Union Territory from where he is to be chosen. There are, however, certain disqualifications for becoming a member.

A person would be ineligible for being a member of either House of Parliament if the person: · holds any office of profit under the government other than an office declared by Parliament by law not to disqualify its holder; · is of unsound mind; · is an undischarged insolvent; PARLIAMENT OF INDIA PARLIAMENT OF INDIA ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The Constitution of India which came into force on 26 January 1950, provides for a bicameral Parliament consisting of the President and the two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

The President ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The President of the Republic is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies (popular Houses) of the States.ï¿½ Though the President of India is a constituent part of Parliament, he does not sit or participate in the discussions in either of the twoï¿½ Houses.ï¿½ There are certain constitutional functions which he has to perform with respect to Parliament.ï¿½ The President summons and prorogues the two Houses of Parliament from time to time.ï¿½ While the Rajya Sabha is a continuing body, the power to dissolve the Lok Sabha vests in the President.ï¿½ His assent is essential for a Bill passed by both Houses of Parliament.ï¿½ When the Parliament is not in Session and he is satisfied that circumstances exist which render it necessary for him to take immediate action, the President can promulgate Ordinances having the same force and effect as laws passed by Parliament.

The Two Houses of Parliament Composition and Duration Council of States (Rajya Sabha) ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The Rajya Sabha is to consist of not more than 250 members.ï¿½ Of these, 12 are nominated by the President for their special knowledge or practical experience in such matters as literature, science, art and social service.ï¿½ The remaining seats are allocated to the various States and Union territories, roughly in proportion to their population; each State is, however, represented by at least one member. The total number of seats in the Rajya Sabha at present is 245, including 12 members nominated by the President. ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The representatives of each State in Rajya Sabha are elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of single transferable vote.

The representatives of the Union territories are chosen in such manner as Parliament may by law prescribe.ï¿½ The minimum age for membership of the House is 30 years. The allocation of seats in the Rajya Sabha to be filled by the representatives of the States/Union territoriesï¿½ is as follows: Name of the State/Union Territory Total Number of Seats 29. The National Capital Territory of Delhi 30. Pondicherry 31.

Nominated by the President under article 80 (1) (a) of the Constitution 18 Total 245 ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The Rajya Sabha is not subject to dissolution, but as nearly as possible, one-third of its members retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.ï¿½ The normal term of office of a member of Rajya Sabha is six years from the date of election or nomination.

House of the People (Lok Sabha) ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The Lok Sabha, as the name itself signifies, is composed of representatives of the people chosen by direct election on the basis of adult suffrage.ï¿½ The maximum strength of the House envisaged by the Constitution is 552 ï¿½ upto 530 members to represent the States, upto 20 members to represent the Union territories and not more than two members of the Anglo-Indian Community to be nominated by the President if, in his opinion, that community is not adequately represented in the House.ï¿½ The total elective membership of the House is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States.ï¿½ The qualifying age for membership of the Lok Sabha is 25 years.ï¿½ The Lok Sabha at present consists of 545 members.ï¿½ The allocation of seats to the States and the Union territoriesï¿½ is as under: ï¿½ï¿

½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ Total 545 ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The Lok Sabha, unless sooner dissolved, continues for five years from the date appointed for its first meeting and the expiration of the period of five years operates as dissolution of the House.ï¿½ However, while a Proclamation of Emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate.

ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ Following the first General Elections held in the country in 1952, the First Lok Sabha met for the first time on 13 May 1952.

The Second Lok Sabha met for the first time onï¿½ 10 May 1957, the Third Lok Sabha onï¿½ 16 April 1962, the Fourth Lok Sabha onï¿½ 16 Marchï¿½ 1967, the Fifth Lok Sabha on 19 March 1971, the Sixth Lok Sabha on 25 March 1977, the Seventh Lok Sabha onï¿½ 21 January 1980, the Eighth Lok Sabha on 15 January 1985, the Ninth Lok Sabha on 18 December 1989, the Tenth Lok Sabha on 9 July 1991, the Eleventh Lok Sabha on 22 May 1996, the Twelfth Lok Sabha on 23 March 1998, the Thirteenth Lok Sabha on 20 October 1999 and Fourteenth Lok Sabha on 2 June, 2004.

Functions ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ The main function of both the Houses is to make laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. The subjects over which Parliament can legislate are the subjects mentioned under the Union List in the Seventh Schedule of the Constitution of India. Broadly speaking, Union subjects are those important subjects which for reasons of convenience, efficiency and security are administered on all-lndia basis. The principal Union subjects are defence, foreign affairs, railways, insurance, communications, currency and coinage, banking, income tax, customs, excise duties, atomic energy, census, etc. Apart from the wide range of subjects allotted to it in the Seventh Schedule of the Constitution, even in normal times Parliament can, under certain circumstances, assume legislative power over a subject falling within the sphere exclusively reserved for the States.

Further, in times of grave emergency when the security of India or any part thereof is threatened by war or external aggression or armed rebellion, and a Proclamation of Emergency is made by the President, Parliament acquires the power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.ï¿½ Similarly, in the event of the failure of the constitutional machinery in a State, the powers of the Legislature of that State become exercisable by or under the authority of Parliament. This apart, the Constitution also vests in the Parliament the constituent power or the power to initiate amendment of the Constitution. ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions, questions addressed by members to Ministers, system of committees, etc., exercise control over the administration of the country and safeguard people's liberties. Relative Roles ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ As between the two Houses, the Lok Sabha has supremacy in financial matters.

It is also the House to which the Council of Ministers drawn from both Houses is collectively responsible.ï¿½ ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ On the other hand, the Rajya Sabha has a special role in enabling Parliament to legislate on a State subject if it is necessary in the national interest.ï¿½ It has a similarï¿½ power in regard to the creation of an All-India Service common to the Union and the States.ï¿½ In other respects, the Constitution proceeds on a theory of equality of status of the two Houses. ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ Disagreement between the two Houses on amendments to a Bill may be resolved by both the Houses meeting in a joint sitting where questions are decided by majority vote.ï¿½ However, this provision of joint sitting does not apply to Money Bills and Constitution Amendment Bills.

The Presiding Officers ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ Each House ofï¿½ Parliament has its own Presiding Officers.ï¿½ In the Lok Sabha, both the Presiding Officers, i.e. the Speaker and the Deputy Speaker are elected from amongst its members.ï¿½ In the Rajya Sabha, the Vice-President of India is the ex officio Chairman.ï¿½ He is elected by the members of an electoral college consisting of the members of both the Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote.ï¿½ The Deputy Chairman of the Rajya Sabha is, however, elected by the members of the Rajya Sabha from amongst themselves. Leader of the House ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ Each House ofï¿½ Parliament has a Leader.ï¿½ The Prime Minister, who is the Leader of the majority party in the Lok Sabha, functions as the Leader of the House in the Lok Sabha except when he is not a member of the Lok Sabha.

In the case, when the Prime Minister is not a member of the Lok Sabha, he appoints/nominates a Minister, who is a member of the Lok Sabha,ï¿½ to be the leader of the House in the Lok Sabha. The senior-most Minister, who is a member of the Rajya Sabha, is appointed by the Prime Minister as the Leader of the House in the Rajya Sabha. Leader of the Opposition ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ ï¿½ Each House of Parliament has a Leader of the Opposition.ï¿½ The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 defines the term ï¿½Leader of the Oppositionï¿½ as that member of the Rajya Sabha or the Lok Sabha who, for the time being, is the Leader of that House of the Party in Opposition to the Governmentï¿½ having the greatest numerical strength and recognized,ï¿½ as such, by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha.

Sessions ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ Normally, three Sessions of Parliament are held in a year: (i) Budget Session (February-May); (ii) Monsoon Session (July-August); and (iii) Winter Session (November-December).

Question: Lok Sabha and Rajya Sabha are the two what of India?
Answer: Houses of Parliament